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2025 DAILYLAW 4231 (KAR)

L H DHARMANAIK S/O. HIRYANAIK v. THE STATE OF KARNATAKA,

WP/101241/2016 · 2025-01-08

B M Shyam Prasad

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Judgment text

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- 1 - NC: 2025:KHC-D:221 WP No. 101452 of 2016 C/W WP No. 101241 of 2016 AND 2 OTHER IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD WRIT PETITION NO. 101452 OF 2016 (GM-PDS) C/W WRIT PETITION NO. 101241 OF 2016, WRIT PETITION NO. 102603 OF 2016 & WRIT PETITION NO. 102850 OF 2016 IN WRIT PETITION NO. 101452 OF 2016 BETWEEN: 1. SMT. BHARGAVI W/O VIRUPANA GOUDA AGE: 24 YEARS, OCC: BUSINESS, R/O: 1ST WARD HAGALUR H HOSAHALLI, TQ: SIRUGUPPA, DIST: BALLARI. 2. SRI. JAJI THAYANNA F/O JAJI AMAJAPPA AGE: 38 YEARS, OCC: BUSINESS, R/O: 27TH WARD BASAVESHWAR NAGAR, H.NO.146/143, TQ: SIRUGUPPA, DIST: BALLARI. …PETITIONERS (BY SMT. SUNITHA P. KALASOOR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BALLARI DISTRICT, BALLARI. 2. THE COMMISSIONER, FOOD AND CIVIL SUPPLIES AND CONSUMERS AFFAIRS DEPARTMENT, BENGALURU. 3. THE STATE OF KARNATAKA DEPARTMENT OF FOOD AND CIVIL SUPPLIES, BENGALURU, REP. BY ITS UNDER SECRETARY. R/O: GROUND FLOOR, VIKASA SOUDHA, BENGALURU. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA) VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.09 09:55:16 +0530 - 2 - NC: 2025:KHC-D:221 WP No. 101452 of 2016 C/W WP No. 101241 of 2016 AND 2 OTHER THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OR ORDER OF DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED: 04.01.2016 VIDE NO.Sam / Anasa-2 / NyaaBeAm / Prakatene / 18 / 2012-13 PASSED BY THE 1ST RESPONDENT PRODUCED AT ANNEXURE- ‘A’ IN RESPECT TO SIRUGUPPA PATTAN AND HAGALURU VILLAGE & ETC., IN WRIT PETITION NO. 101241 OF 2016 BETWEEN: L.H. DHARMANAIK S/O. HIRYANAIK AGE: 45 YEARS, OCC: UNEMPLYED GRADUATE, R/O: ANEKAL TANDA, ANEKAL POST, HAGARIBOMMANAHALLI TALUK, DISTRICT. BALLRI. …PETITIONER (BY SRI. VIJAY M. MALALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKASA SOUDHA, BENGALURU-560001, R/BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, BALLARI DISTRICT, BALLARI. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OR ORDER OF DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER THE IMPUGNED NOTIFICATION BEARING NO.C£Á¸À-2/£Áå.¨É.CA/¥ÀæPÀluÉ/18/2012-13 DATED:04.01.2016 ISSUED UNDER KARNATAKA ESSENTIAL COMMODITIES ACT (PDS) CONTROL ORDER 1992 BY RESPONDENT NO.2, INSOFAR AS SL.NO.7, HAGARI BOMANNALLI, TALUK:ANEKAL IS CONCERNED VIDE ANNEXURE-A & ETC., - 3 - NC: 2025:KHC-D:221 WP No. 101452 of 2016 C/W WP No. 101241 of 2016 AND 2 OTHER IN WRIT PETITION NO. 102603 OF 2016 BETWEEN: ALLA BAKSHI S/O LATE MEHBOOB SAB, AGE: 55 YEARS, RATION DEALER, R/AT HANDIHAL VILLAGE, BALLARI TALUK, BALLARI DISTRICT. …PETITIONER (BY SMT. V. VIDYA, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIDHANA SOUDHA, BENGALURU, REP. BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, BENGALURU. 3. THE DEPUTY COMMISSIONER (FOOD AND CIVIL SUPPLIES), BALLARI DISTRICT, BALLARI. 4. THE TAHSILDAR, BALLARI TALUK, BALLARI. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED NOTIFICATION ISSUED BY RESPONDENT NO.3 DATED:04.01.2016, IN NO.Sum / ANaSa2 / NyaBeAm / Prakatane / 18 / 2012-13 FOUND AT ANNEXURE-F, INSOFAR AS IT RELATES TO HANDIHAL VILLAGE OF BALLARI RURAL DISTRICT FOUND AT SL.NO.2(5) AND ETC. IN WRIT PETITION NO. 102850 OF 2016 BETWEEN: SMT. KAVITHA, W/O B. THIPPANAGOUDA, - 4 - NC: 2025:KHC-D:221 WP No. 101452 of 2016 C/W WP No. 101241 of 2016 AND 2 OTHER AGED ABOUT 22 YEARS, R/A # 98, GOUDARA ONI, KUNTANAHAL, BALLARI TALUK, BALLARI DISTRICT-583111. …PETITIONER (BY SMT. V. VIDYA, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIDHANA SOUDHA, BENGALURU, REP. BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, BENGALURU. 3. THE DEPUTY COMMISSIONER (FOOD AND CIVIL SUPPLIES), BALLARI DISTRICT, BALLARI. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED NOTIFICATION ISSUED BY RESPONDENT NO.3 DATED:04.01.2016 IN NO.Sum / ANaSa2 / NyaBeAm / Prakatane / 18 / 2012-13, FOUND AT ANNEXURE-B, IN SO FAR AS IT RELATES TO KUNTANAHALU VILLAGE OF BALLARI RURAL DISTRICT FOUND AT SL.NO.2(1) AND DECLARE THAT THE IMPUGNED NOTIFICATION DATED:27.08.2014 IN NO. ANASA 17 RPR 2011 BENGALURU ISSUED BY RESPONDENT NO.1 FOUND AT ANNEXURE-C IS UNCONSTITUTIONAL BEING VIOLATIVE OF ARTICLE 14 AND ARTICLE 19(1)(G) OF THE CONSTITUTION OF INDIA, ALLOW THIS WRIT PETITION WITH COSTS & ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD - 5 - NC: 2025:KHC-D:221 WP No. 101452 of 2016 C/W WP No. 101241 of 2016 AND 2 OTHER ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) These petitions are filed calling in question the first respondent’s order dated 04.01.2016 [Annexure – A] inviting the applications for allotment of Public Distribution Licences. 2. Sri Praveen K. Uppar, the learned Government Advocate submits that petitions will not survive as the impugned notification has been recalled way back in the year 2019 vide memorandum dated 17.10.2019. In fact, the learned counsel on record for the petitioners in W.P. No.101452/2016, one of the present writ petitions, has filed a memo for withdrawal. 3. In the light of the afore and with the other learned counsels not contesting their position, the petitions stand disposed of as not surviving for consideration. Sd/- (B.M.SHYAM PRASAD) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 5