SHRI SEVALAL GRAM SANGH SUNAGA L.T.-01 v. THE COMMISSIONER
WP/106127/2025 · 2025-08-22
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52178 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52178 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:10669 WP No. 106127 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 106127 OF 2025 (GM-PDS)
BETWEEN:
SHRI SEVALAL GRAM SANGH SUNAGA L.T.-01 R/BY. SECRETARY, SHRI. KRISHNA S/O. CHANDU LAMANI, AGE. 65 YEARS, OCC. BUSINESS, R/O. AT POST: SUNAG L.T., TAL. BILAGI, DIST. BAGALKOTE-587116. …PETITIONER (BY SRI. JAGDISH PATIL, ADVOCATE)
AND:
1.
THE COMMISSIONER FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, NO.8 CUNNINGHAM ROAD, BENGALURU-52.
2.
THE DEPUTY COMMISSIONER, BAGALKOTE, DIST. BAGALKOTE-587116.
3.
THE JOINT DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER, AFFAIRS DEPARTMENT, BAGALKOTE-587116.
4.
THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, BAGALKOTE-587116.
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:10669 WP No. 106127 of 2025
5.
THE TAHSILDAR AND TALUK EXECUTIVE MAGISTRATE, BILAGI, TAL. BILAGI, DIST. BAGALKOTE-587116.
6.
THE FOOD INSPECTOR, BILAGI, TAL. BILAGI, DIST. BAGALKOTE-587116. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, i) ISSUE WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO. KRA.SUM.AANASA/NYA.BE.AM/VIVA/2024-25 DATED 07.03.2025 PASSED BY THE 5th RESPONDENT VIDE ANNEXURE-F, AND PERMIT THE PETITIONER SANGH TO DISBURSE THE FOOD GRAINS AND RATION AT THE FAIR PRICE SHOP IN JANAMATTI VILLAGE.ii) ISSUE ANY OTHER WRIT OR ORDER AS THIS HONBLE COURT DEEMS FIT TO GRANT IN THE FACT AND CIRCUMSTANCES OF THE CASE AND IN THE AID MAIN RELIEF SOUGHT FOR.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The AGA accepts notice for Respondent Nos. 1 to 6.
2. The petitioner is before this Court seeking for the following reliefs: i) Issue writ in nature of Certiorari quashing the impugned
order bearing no. Kra.Sum.AaNaSa/Nya.Be.Am/VIVA/2024-25 dated 07.03.2025 passed by the 5th respondent vide Annexure-F, and permit the petitioner Sangh to
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HC-KAR NC: 2025:KHC-D:10669 WP No. 106127 of 2025
disburse the food grains and ration at the fair price shop in Janamatti Village.
ii) Issue any other writ or order as this Hon’ble Court deems fit to grant in the fact and circumstances of the case and in the aid main relief sought for.
3. A perusal of the order dated 07.03.2025, passed by the respondents at Annexure-F does not indicate that any notice was issued to the petitioner before the said order was passed, which supports the contention of the learned counsel for the petitioner.
4. Any order that has the effect of withdrawing a benefit previously extended to a citizen must be preceded by a show cause notice, thereby affording an opportunity of hearing to the person likely to be affected. Such procedure is essential to comply with the principles of natural justice.
5. In view of the above, I pass the following:
ORDER i. The writ petition is allowed.
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HC-KAR NC: 2025:KHC-D:10669 WP No. 106127 of 2025
ii. A writ of certiorari is issued and the order at Annexure-F is quashed. iii. Liberty is reserved to the respondents to issue a proper show cause notice to the petitioner in accordance with law. iv. The show cause notice shall be accompanied by all necessary documents. v. The petitioner shall be entitled to submit a reply to the said notice. vi. Upon receipt of the reply, the respondents shall pass appropriate orders in accordance with law.
Sd/- (SURAJ GOVINDARAJ) JUDGE
VB CT:PA List No.: 1 Sl No.: 14