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2025 DAILYLAW 47221 (KAR)

SHRI KASHINATH S/O PARASAPPA CHIMMALAGI v. THE STATE OF KARNATAKA

WP/105348/2024 · 2025-03-25

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5441 WP No. 105348 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 105348 OF 2024 (GM-PDS) BETWEEN: SHRI. KASHINATH S/O PARASAPPA CHIMMALAGI, AGE: 33 YEARS, OCC: NIL, R/O: VTC NAINEGALLI, PO: NAINEGALLI, DIST: BAGALKOT-587 207. … PETITIONER (BY SMT. JOSHNA.P.DHANAVE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. JOINT DIRECTOR, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, DISTRICT ADMINISTRATIVE BUILDING, BAGALKOT-587 207. 3. DEPUTY COMMISSIONER, BAGALKOT, DIST: BAGALKOT-587 207. 4. THE TAHASHILDAR, BAGALKOT, DIST: BAGALKOT-587 207. … RESPONDENTS (BY SRI. PRAVEEN.K.UPPAR., AGA) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5441 WP No. 105348 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR HEARING- INTERLOCUTORY APPLICATION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Joshna P.Dhanave., counsel for the petitioner has appeared through video conferencing. Sri.Praveen K.Uppar., AGA for respondents has appeared in person. 2. The captioned Writ Petition is filed seeking Writ of Certiorari to quash order/ endorsement dated 06.08.2024 passed by respondent No.4 vide Annexure-C. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that the Thasildar is not an authorized Officer to pass the order of suspension of the authorization. It is only the Deputy Director of Food and Civil Supplies Department or the Deputy Commissioner of the concerned District has powers to pass such an order. In the - 3 - NC: 2025:KHC-D:5441 WP No. 105348 of 2024 present case, the Thasildar has suspended the authorization and passed the order. This cannot be sustained in law. Hence, this Court deems it appropriate to quash the order passed by the Thasildar. 5. The Writ of Certiorari is ordered. The order/ endorsement dated 06.08.2024 passed by the fourth respondent vide Annexure-C is quashed. 6. Resultantly, the Writ Petition is allowed. Because of disposal of the Writ Petition, all pending interlocutory applications if any are disposed of and interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE RH/MRP LIST NO.: 1 SL NO.: 31