- 1 - HC-KAR NC: 2025:KHC-D:8257 WP No. 104085 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104085 OF 2025 (GM-PDS) BETWEEN: PAMPANAGOUDA S/O. SIDDANAGOUDA PATIL, AGE: 60 YEARS, OCC: LICENCE HOLDER OF FAIR PRICE SHOP, R/O. BHUDIHAL VILLAGE, TQ: HUNGUND, DIST: BAGALKOTE-587101. …PETITIONER (BY SRI. B.C. JNANAYYASWAMY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF FOOD AND CIVIL SUPPLY, R/BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER AND ORS (FOOD), BAGALKOTE-587101. 3. THE JOINT DIRECTOR, DEPARTMENT OF FOOD, CIVIL SUPPLY AND CONSUMER AFFAIRS, BAGALKOTE-587101. 4. ASSISTANT DIRECTOR, DEPARTMENT OF FOOD, CIVIL SUPPLY AND CONSUMER AFFAIRS, BAGALKOTE-587101. 5. THE TAHASILDAR, HUNAGUND-587118. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.19 12:48:35 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8257 WP No. 104085 of 2025 a) WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED*15.03.2024 BEARING NO.PÀæ¸ÀA:D£Á¸À/£Áå¨É.CA/«ªÀ-78/2023- 24 PASSED BY THE JOINT DIRECTOR/RESPONDENT NO.3 VIDE ANNEXURE-D IN RESPECT OF PETITIONER’S FAIR PRICE SHOP BEARING SHOP NO.23/230/94-95 OF BHUDIHAL VILLAGE HUNAGUND TALUK BAGALKOTE DISTRICT IN THE INTEREST OF JUSTICE AND EQUITY. b) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENQUIRY NOTICE DATED 06.05.2025 ISSUED BY 4TH RESPONDENT VIDE ANNEXURE-F AND FURTHER DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER FOR RUNNING THE FAIR PRICE SHOP, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. The petitioner is before this Court calling in question an order dated *15.03.2024 and the enquiry notice dated 06.05.2025. 2. Heard the learned counsel Sri. B. C. Jnanayya Swami appearing for the petitioner and the learned AGA Sri. Sharad V. Magadum representing the respondents No.1 to 5. 3. It is the case of petitioner that he is the authorized licence holder to run a fair price shop from the *Corrected vide Court order dated 15.03.2024. (PSYJ) - 3 - HC-KAR NC: 2025:KHC-D:8257 WP No. 104085 of 2025 year 1995. After about 08 years, a show cause notice came to be issued to the petitioner by the 4th respondent and consequent inspection of the property to conduct an enquiry. The running of the fair price shop and the authorization granted to run one such, is suspended by an order dated*15.03.2024. The suspension is followed by an enquiry notice dated 06.05.2025. It is this issue that has driven the petitioner to this Court, not immediately, but after 08 years. 4. As observed hereinabove, the authorization of the petitioner came to be suspended on*15.03.2024. The suspension and enquiry is regulated by the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 (hereinafter referred to as the ‘Control Order’, for short). In terms of the Control Order, suspension of the authorization is dealt with under Section 12, it reads as follows: “12. Contravention of Conditions of Authorization: (1) No authorized dealer or agency under this order or his agent or servant or any other person acting on his behalf, shall contravene any of the terms of *Corrected vide Court order dated 15.03.2024. (PSYJ) - 4 - HC-KAR NC: 2025:KHC-D:8257 WP No. 104085 of 2025 conditions of the authorization or the provisions of this order and if any such dealer or agency or his agent or servant or any other person acting on his behalf contravenes any of the said terms of conditions or provisions, then without prejudice to any other action that may be taken against him, his authorization may be cancelled by order in writing by the Authorized Authority in respect of one or more of the essential commodities covered by that authorization: Provided that no order shall be made under this clause unless the authorized dealer or agency has been given a reasonable opportunity of being heard. (2) If the Authorized Authority is satisfied that prima facie the conditions of the authorization or the provisions of this order are contravened, he may, notwithstanding anything in sub-clause (1), suspend the authorization pending enquiry for cancellation of authorization. “Provided that the enquiry shall be completed within 90 days from the date of suspension of the shop and that in case of cancellation of the authorization of the Fair Price Shop, new authorization shall be issued within 60 days of cancellation.” 5. The afore-quoted proviso appended to Sub-section (2) of Section 12 of the Control Order mandates that the enquiry shall be completed within 90 days from the date of suspension of the shop, and in that case, cancellation of new authorization shall be issued within 60 days of such cancellation. 6. Therefore, on placing the authorization of a fair price shop under suspension, enquiry against the said - 5 - HC-KAR NC: 2025:KHC-D:8257 WP No. 104085 of 2025 suspended authorization which runs the fair price shop, should be completed within 90 days. The dates are unambiguous. On *15.03.2024, the authorization stands suspended. Within 3 months, the enquiry ought to have been completed; notice of enquiry is issued not after 3 months, but after 8 years. The enquiry is sought to be continued after issuance of the said notice, which was completely contrary to the afore-quoted mandate of the control order. Therefore, on this short point that the State has not completed the enquiry within 90 days after placing the authorization of the petitioner, under suspension, the petition deserves to succeed. 7. The learned AGA would submit that alternative arrangements have been made in the light of suspension of the fair price shop. In the light of the arrangements being only alternative, and the petition succeeding the consequential benefits, also should follow in favour of the petitioner. 8. For the aforesaid reasons the following: *Corrected vide Court order dated 15.03.2024. (PSYJ) - 6 - HC-KAR NC: 2025:KHC-D:8257 WP No. 104085 of 2025 ORDER (i) Petition is allowed. (ii) The impugned order dated *15.03.2024 passed by the 3rd respondent vide Annexure- D is hereby quashed in respect of the petitioner’s fair price shop bearing Shop No.23/230/94-95 of Bhudihal village, Hungund Taluka, Bagalkote District so also the enquiry notice dated 06.05.2025 issued by the 4th respondent vide Annexure-F is also hereby quashed. (iii) Writ of mandamus is issued directing respondents to permit the petitioner for running the fair price shop. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 30 *Corrected vide Court order dated 15.03.2024. (PSYJ)