SHRI. LAXMI VIVIDODDESHA PRIMARY v. THE GOVERNMENT OF KARNATAKA,
WP/100566/2025 · 2025-11-24
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49835 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49835 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16231 WP No. 100566 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. 100566 OF 2025 (GM-PDS) BETWEEN:
SHRI. LAXMI VIVIDODDESHA PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD., NAGRAL VILLAGE, TAL. RAIBAG, DIST. BELAGAVI 3 591 317, R/BY ITS SECRETARY, SHRI. SANJIVKUMAR S/O. KEMPANNA KADADAVAR, AGE. 32 YEARS, OCC. SECRETARY, R/O. NAGRAL VILLAGE, TAL. RAIBAG, DIST. BELAGAVI 3 591 317. &PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)
AND:
1.
THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIDHANA SOUDHA, BENGALURU 3 560 001, R/BY ITS SECRETARY.
2.
THE COMMISSIONER OF DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, NO.8, CUNNINGHAM ROAD, BENGALURU 3 560 051.
3.
THE JOINT DIRECTOR OF DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, TAL. BELAGAVI, DIST. BELAGAVI 3 590 001.
4.
THE DEPUTY DIRECTOR OF DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, TAL. BELAGAVI, DIST. BELAGAVI 3 590 001. &RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA)
Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:16231 WP No. 100566 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 06-01-2025 PASSED BY RESPONDENT NO. 4 BEARING NO. D¥ÀÆ«:£Áå¨ÉCA:«ªÀ-245:2023- 24 VIDE ANNEXURE-C AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking for the following prayer: I. Issue a Writ of Certiorari quashing the Impugned
Order dated 06-01-2025 passed by Respondent No. 4 bearing no. D¥ÀÆ«:£Áå¨ÉCA:«ªÀ-245:2023-24 vide Annexure-C.
II. Pass any other order(s) as this Hon9ble Court may deem fit in the facts and circumstances of the case to meet ends of justice and equity.
2. Heard the learned counsel Shri Shivaraj Ballolli appearing for the petitioner and the learned AGA Shri. T. Hanumareddy for the respondent-State.
3.
Facts in brief germane are as follows:
The petitioner is a primary agricultural society established under the Karnataka Co-operative Societies Act and is engaged in the business of agricultural and other allied activities. The petitioner is granted licence to run a fair price shop on
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HC-KAR NC: 2025:KHC-D:16231 WP No. 100566 of 2025
22.01.2024. One year thereafter on 06.01.2025, it transpires that the licence that was granted to the petitioner was withdrawn/cancelled/revoked without issuance of any notice to the petitioner. The non-issuance of notice to the petitioner is an admitted fact as the learned AGA on verification of the records would admit that there is no notice issued to the petitioner prior to the cancellation of the notice. Therefore, the issue now lies in a narrow compass whether an order which entails in civil consequences would have been passed without at the outset in compliance with principles of natural justice. The licence that was granted on 24.01.2024 is cancelled/withdrawn on 20.01.2025, one year after the grant of licence. Reasons may be manifold but that would not have been passed without issuance of notice at the outset to the petitioner. Any order being in blatant violation of principles of natural justice, the order is rendered unsustainable. In that light, the petition deserves to succeed albeit in part. For the aforesaid, the following:
ORDER i. Writ Petition is allowed in part. ii. The order dated 06.01.2025 passed by respondent No.4 vide Annexure-C stands quashed.
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HC-KAR NC: 2025:KHC-D:16231 WP No. 100566 of 2025
iii. The respondents shall now issue a notice to the petitioner, to which the petitioner shall submit his reply and the issue be taken to its logical conclusion by the respondents. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
KGK/CT-ASC List No.: 1 Sl No.: 186