- 1 - HC-KAR NC: 2025:KHC-D:16095 WP No. 100613 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100613 OF 2025 (GM-RES) BETWEEN: PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA NIKALLIGUDDI, REP. BY ITS SECRETARY, RANGAPPA S/O. PANDAPPA DALAWAI AGE: 35 YEARS, OCC: NIL, R/O: KALLIGUDDI-591227, TQ: GOKAK, DIST: BELAGAVI. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY PRINCIPAL SECRETARY, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIKASA SOUDHA, AMBEDKAR ROAD, BENGALURU-560001. 2. THE COMMISSIONER, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, CUNNINGHAM ROAD, BENGALURU-560052. 3. DEPUTY DIRECTOR OF FOOD, CIVIL SUPPLIES AND CONSUMERS AFFAIRS, OFFICE OF THE DEPUTY COMMISSIONER, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16095 WP No. 100613 of 2025 BELAGAVI DISTRICT, BELAGAVI-5. 4. THE TAHASHILDAR, TAHASHILDAR OFFICE, GOKAK, DIST. BELAGAVI. 5. KALLAPPA S/O. RAMAPPA KUDARI AGE: 46 YEARS, OCC: NIL, R/O: HOUSE NO.51, VTC RADERATTI, TQ: GOKAK, DIST: BELAGAVI-591227. …RESPONDENTS (BY SRI.T. HANUMAREDDY, AGA FOR R4; SRI. SADIQ N. GOODWALE, ADVOCATE FOR R5; SRI. TANAY BORKAR, ADVOCATE FOR PROPOSED R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: 1. WHEREFORE, IT IS PRAYED THAT THIS HON’BLE COURT BE PLEASED TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO. WP.NO.106778/2024 (GM-PDS) DATED 21-11-2024 AT VIDE ANNEXURE-G, RESTORE THE WRIT PETITION AND PERMITTED THE PETITIONER TO PROCEED THE PETITION BY ALLOWING THE PRESENT WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. 2. PASS SUCH OTHER AND FURTHER ORDERS AS THIS HON BLE COURT DEEMS FIT TO PASS IN THE FACTS AND CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16095 WP No. 100613 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “1. Wherefore, it is prayed that this Hon’ble Court be pleased set aside the order passed by the Learned Single Judge in Writ Petition No. WP.No.106778/2024 (GM-PDS) dated 21-11- 2024 at vide Annexure-G, restore the writ petition and permitted the petitioner to proceed the petition by allowing the present writ Petition in the interest of justice and equity. 2. Pass such other and further orders as this Hon’ble Court deems fit to pass in the facts and circumstances of this case, in the interest of justice and equity.” 2. Owing to the submission of the learned counsel for the petitioner, this Court had passed the following order on 31.01.2025: “The fifth respondent was before this Court in W.P.No.106778/2024 seeking transfer of the Fair Price Shop license that was in the name of his father and on his death. This Court allows the petition on 21.11.2024. By then, the license to run the Fair Price Shop was handed over to the petitioner to run temporarily. The petitioner is now before this Court contending that his rights are taken away by the order passed by the order passed by the Coordinate Bench before whom he was not a party. In that light, there shall be an interim order of stay, as prayed for, only if the petitioner is running the Fair Price Shop even today, till the next date of hearing. - 4 - HC-KAR NC: 2025:KHC-D:16095 WP No. 100613 of 2025 List the matter on 10.02.2025 in the fresh matters list. Learned AGA is directed to accept notice for respondent No.4. Learned counsel for petitioner shall the respondent No.5 by way of hand summons.” 3. The person, who was running a fair price shop in the vicinity dies. Owing to the death of the said person, one Ramappa Lakkappa. The cards that were in possession of the said license was transferred temporarily to the hands of the present petitioner. The petitioner now claims that the temporary arrangement should be made permanent by an order at the hands of this Court. The said submission is noted only to be rejected. 4. Learned AGA submits that in terms of the order dated 22.07.2024, a temporary arrangement which had to remain temporary has remained almost permanent for the last 18 months. In that light, learned AGA would submit that decision will be taken considering the applications of all the eligible persons and appropriate orders of grant of license would be passed. - 5 - HC-KAR NC: 2025:KHC-D:16095 WP No. 100613 of 2025 5. In the light of the said submission, I deem it appropriate to dispose the subject petition, with a direction to the respondent - State to consider the applications of all eligible persons and pass necessary orders in accordance with law, within an outer limit of four weeks from the date of receipt of a copy of this order. Till such time, the temporary arrangement shall continue. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 9