- 1 - HC-KAR NC: 2025:KHC-D:13862 WP No. 105775 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105775 OF 2023 (GM-PDS) BETWEEN: YARZARVI PRATHAMIK KRISHI PATTINA SAHAKARI SANGH NIYAMIT, YARZARVI, REP. BY ITS CHIEF EXECUTIVE OFFICER, SRI. RAMESH S/O. BASAVARAJ KABBUR, AGE: 42 YEARS, R/O: YARZARVI, TAL: SAUNDATTI, DIST: BELAGAVI – 591 126. …PETITIONER (BY SRI. SRINAND A. PACHHAPURE & SRI. RAJENDRA R. PATIL, ADVOCATES) AND: 1. THE GOVERNMENT OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, M. S. BUILDING, VIDHANA SOUDHA, BANGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, BELAGAVI, DIST: BELAGAVI – 590 001. 3. THE JOINT DIRECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, BELAGAVI, DIST: BELAGAVI – 590 001. 4. THE TAHASHILDAR, SAUNDATTI, TAL: SAUNDATTI, DIST: BELAGAVI – 591 126. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR RESPONDENTS) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13862 WP No. 105775 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.AAPOOVI/NYABEAM/VINIDI-113/2023-24 DATED 29/08/2023 PASSED BY 3RD RESPONDENT SUSPENDING THE AUTHORIZATION OF THE PETITIONER’S FAIR PRICE DEPOT MARKED AT ANNEXURE-D AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMNARY HEARING B GROUP, 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 the following prayer: i. Issue a Writ in the nature of certiorari quashing the impugned order bearing no. AAPOOVI/ NYABEAM/ VINIDI-113/2023-24 dated 29/08/2023 passed by 3rd Respondent suspending the authorization of the petitioner’s fair price depot marked at Annexure-D and. ii. Issue such any order Writ or Direction that this Hon’ble Court may deem fit and circumstances of this case, in the interest of justice and equity. 2. Heard the learned counsel Shri Srinand A.Pachhapure and Shri Rajendra R.Patil appearing for the - 3 - HC-KAR NC: 2025:KHC-D:13862 WP No. 105775 of 2023 petitioner and the learned AGA, Shri V.S. Kalasurmath appearing for respondents. 3. The petitioner is issued a license to run a fair price shop on the ground that the fair price shop was not being run in accordance with the Act and the license of the petitioner, which was sought to be suspended by issuance of a show cause notice to the petitioner. The petitioner tenders his reply to the show cause notice. Notwithstanding the same, the license has stood cancelled. After cancellation of the license, begins the obligation of the respondent to conclude the enquiry within 90 days from the date of suspension of license in terms of clause 12(2) of the PDS Control Order. The said clause reads as follows: “12. Contravention of Conditions of Authorization: (1) No authorized dealer or agency under this order or his agent or servant or any other person acting on his behalf, shall contravene any of the terms of conditions of the authorization or the provisions of this order and if any such dealer or agency or his agent or servant or any other person acting on his behalf contravenes any of the said terms of conditions or provisions, then without prejudice to any other action that may be taken against him, his authorization may be ancelled by order in writing by - 4 - HC-KAR NC: 2025:KHC-D:13862 WP No. 105775 of 2023 the Authorized Authority in respect of one or more of the essential commodities covered by that authorization: Provided that no order shall be made under this clause unless the authorized dealer or agency has been given a reasonable opportunity of being heard. (2) If the Authorized Authority is satisfied that prima facie the conditions of the authorization or the provisions of this order are contravened, he may, notwithstanding anything in sub-clause (1). suspend the authorization pending enquiry for cancellation of authorization. "Provided that the enquiry shall be completed within 90 days from the date of suspension of the shop and that in case of cancellation of the authorization of the Fair Price Shop, new authorization shall be issued within 60 days of cancellation". 4. What would unmistakably emerge from the reading of the said clause is that, once the licence of a fair price shop gets suspended, the enquiry should be completed within 90 days from the date of suspending the licence of a fair price shop. Admittedly in the case at hand, the enquiry is not completed as is necessary under clause 12 of the PDS Control Order. This being the admitted - 5 - HC-KAR NC: 2025:KHC-D:13862 WP No. 105775 of 2023 position, any further permission now to conduct enquiry against the petitioner for misuse of the license that was granted to him is of no avail, as it would run counter to the statute. The petition thus deserves to succeed with the obliteration of the impugned orders. For the aforesaid reason, the following: ORDER (i) The petition is allowed. (ii) The order dated 29.08.2023, passed by respondent No.3 vide Annexure-D stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 91