- 1 - NC: 2025:KHC-D:7129 WP No. 111746 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S G PANDIT WRIT PETITION NO.111746 OF 2017 (GM-EC) BETWEEN: S. CHANDRAPPA, S/O YAMUNAVVA, AGE: 65 YEARS, OCC: BUSINESS, R/O: BASARAKODU, TQ: HAGARIBOMMANAHALLI, DIST: BALLARI. …PETITIONER (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: DEPUTY COMMISSIONER, BALLARI, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, BALLARI, DIST: BALLARI. …RESPONDENT (BY SRI. V.S. KALASURMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER AT NO.AANASA-4/EC/24/2017- 18 DATED 23.10.2017 ISSUED BY RESPONDENT MARKED AT ANNEXURE-J AND QUASH THE NOTICE AT NO/AANASA-4/EC/24/ 2017-18 DATED 23.10.2017 ISSUED BY RESPONDENT MARKED AT ANNEXURE-K & ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:7129 WP No. 111746 of 2017 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The petitioner is before this Court questioning Annexure-J dated 23.10.2017 suspending the petitioner’s authorization to run the fair price shop by the respondent– Deputy Commissioner and also Annexure-K – show-cause notice dated 23.10.2017 issued by the respondent. 2. Heard Sri Vishwanath Hegde, learned counsel for the petitioner and Sri V.S.Kalasurmath, learned Addl. Government Advocate for the respondent. Perused the entire writ petition papers. 3. Learned counsel for the petitioner would mainly contend that in terms of Annexure-N/notification dated 05.06.2017 to amend the Karnataka Essential Commodities Public Distribution System (Control) (2nd amendment) Order 2017, ‘authorized authority’ means the Deputy Director of Food and Civil Supplies and Consumer Affairs Department of Revenue District concerned. - 3 - NC: 2025:KHC-D:7129 WP No. 111746 of 2017 4. Clause 12 (2) of 2016 PDS (Control) Order, authorizes the authorized authority to suspend authorization, if it is satisfied prima facie that conditions of the authorization or the provisions of the order are contravened. As on the date of the impugned order of suspension dated 23.10.2017 (Annexure-J), the Deputy Commissioner was not the authorized authority so also as on the date of issuance of show-cause notice dated 23.10.2017, the Deputy Commissioner was not the authorized authority. In terms of Annexure-N/notification dated 05.06.2017 authorized authority means the Deputy Director of Food and Civil Supplies and Consumer Affairs, Department of Revenue District concerned. 5. In the above circumstances, the contention of the learned counsel for the petitioner that the order of suspension as well as show-cause notice issued by the Deputy Commissioner is without jurisdiction shall have to be accepted. Accordingly, writ petition is allowed. 6. Both order bearing No.AANASA-4/EC/24/2017-18 dated 23.10.2017 issued by respondent at Annexure-J and - 4 - NC: 2025:KHC-D:7129 WP No. 111746 of 2017 the notice bearing No./AANASA-4/EC/24/2017-18 dated 23.10.2017 issued by the respondent at Annexure-K are quashed. Sd/- (S G PANDIT) JUDGE CLK, CT:VP LIST NO.: 1 SL NO.: 22