- 1 - HC-KAR NC: 2025:KHC-D:7955 WP No. 105080 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 105080 OF 2024 (GM-PDS) BETWEEN: SHRI RAMESH S/O. BASAPPA ALAGAWADI, AGE: 60 YEARS, OCC: BUSINESS, R/O. BANDIWAD, TQ: HUBBALLI, DIST: DHARWAD-580001. …PETITIONER (BY SRI. ROHIT S. PATIL FOR SRI. SHRIKANT T. PATIL, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, VASANTHNAGAR, BANGALORE-560050. 2. THE COMMISSIONER, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, BENGALURU, NO.16/I, MILLERS TANK BED AREA, VASANTHNAGAR, BANGALORE-560050. 3. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT DHARWAD-580001. 4. THE DEPUTY COMMISSIONER, DHARWAD, AT: DHARWAD, D.C. OFFICE, DHARWAD-580001. 5. SHRI MALLIKARJUN S/O. KASHAPPA RADDER, AGE: 55 YEARS, OCC: PRESIDENT GURUBASAVA SEVA SANGH BANDIWAD, VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7955 WP No. 105080 of 2024 TQ: HUBBALLI, DIST: DHARWAD-580001. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA FOR R1-R4; SRI. S.S. BETURMATH FOR SRI. K.L. PATIL, ADVOCATES FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.4 DATED 15/4/2021 IN APPEAL NO.SUP-1/DRA/APPEAL 1/2018- 19 VIDE ANNEXURE-E BE PASSED 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. Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 to 4 and the learned counsel Sri.S.S.Beturmath on behalf of the learned counsel Sri.K.L.Patil for the respondent No.5. 2. The present petition is filed by the petitioner seeking to quash the impugned order passed by the respondent No.4-Deputy Commissioner, Dharwad vide the impugned order dated 15.04.2021 in Appeal No.SUP- 1/DRA/Appeal 1/2018-19. 3. The primary objection has been taken by the learned counsel for the respondents that the present - 3 - HC-KAR NC: 2025:KHC-D:7955 WP No. 105080 of 2024 petition is not maintainable in view of there being an alternative efficacious remedy available under the provisions of Rule 17 of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016, which reads as under: “17. Appeal and Revision : The appellate authority may, on its own motion or on an application made by an aggrieved person, filed by him within 30 days of the date of receipt of an order or decision of the authorized authority, take up for appeal or revision any enquiry or proceedings of the authorized authority exercising or failing to exercise the powers under this Order, to issue or renew an authorization or suspending or revoking suspension of an authorization or forfeiting the security of the authorized dealer, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed by the authorized authority and may pass such orders thereon as it thinks fit. Provided that the Appellate Authority may entertain an appeal or revision after the expiry of the said period of thirty days, if it is satisfied that there was sufficient cause for not filing or taking it within that period. - 4 - HC-KAR NC: 2025:KHC-D:7955 WP No. 105080 of 2024 (2) No such appeal or revision shall be disposed of unless the aggrieved person has been given a reasonable opportunity of being heard. (3) Pending the disposal of an appeal or revision the Appellate Authority may direct that the order under appeal or revision shall not take affect until the appeal or revision is disposed of.” 4. On careful perusal of the Rule, which is extracted hereinabove, it appears that the submission made by the learned counsel for the respondents has force in his contention. Accordingly, this petition deserves to be disposed off. Accordingly, I pass the following: ORDER i. Petition is disposed off as there is an alternative efficacious remedy available under the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016. ii. The petitioner is at liberty to approach the Appellate Authority against the impugned order. - 5 - HC-KAR NC: 2025:KHC-D:7955 WP No. 105080 of 2024 iii. On filing of such an appeal, the same shall be considered in accordance with law. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 58