- 1 - HC-KAR NC: 2025:KHC-D:12696 WP No. 107007 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107007 OF 2025 (GM-EC) BETWEEN: 1. PRATHAMIKA KRUSHI PATTINA SAHAKARI SANGHA NIYAMIT MUROL, REPRESENTED/BY ITS PRESIDENT, ASHOK S/O. AMARESHAPPA BANDARAGALLA, AGE. 58 YEARS, R/O. MUROL, TQ. HUNGUND, DIST. BAGALKOTE-587101. 2. PRATHAMIKA KRUSHI PATTINA SAHAKARI SANGHA NIYAMIT MUROL, REPRESENTED/BY ITS SECRETARY, MAHANTAGOUD S/O. AMARAGOUD NADAGOUDRA, AGE. 46 YEARS, R/O. MUROL, TQ. HUNGUND, DIST. BAGALKOTE-587101. …PETITIONERS (BY SRI. B.C. JNANAYYASWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOOD AND CIVIL SUPPLY R/BY ITS SECRETARY, VIDHANASOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER AND ORS (FOOD) BAGALKOTE-587101. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12696 WP No. 107007 of 2025 3. THE JOINT DIRECTOR, DEPARTMENT OF FOOD, CIVIL SUPPLY AND CONSUMER AFFAIRS, BAGALKOTE-587101. 4. THE ASSISTANT DIRECTOR, DEPARTMENT OF FOOD CIVIL SUPPLY AND CONSUMER AFFAIRS, BAGALKOTE-587101. 5. THE TAHASILDHAR HUNGUND-587118. …RESPONDENTS (BY SRI. SHARAD V.MAGADUM, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 21.06.2023 BEARING NO. AaNaSa/Nya.Be.Aum/Viva-16/2023-24 PASSED BY THE JOINT DIRECTOR/RESPONDENT NO. 3 VIDE ANNEXURE-B IN RESPECT OF PETITIONERS FAIR PRICE SHOP BEARING AURHORIZATION NO.139/2018-19 OF MUROL VILLAGE HUNGUND TQ. BAGALKOT DIST IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED NOTICE DATED 30.05.2025 BEARING NO. AaNa Sa/Nya.Be.Aum/ViVa-16/2025-26/91 PASSED BY THE JOINT DIRECTOR/RESPONDENT NO.4 VIDE ANNEXURE-C IN RESPECT OF PETITIONERS FAIR PRICE SHOP BEARING AUTHORIZATION NO. 139/2018-19 OF MUROL VILLAGE HUNGUND TQ. BAGALKOT DIST. IN THE INTEREST OF JUSTICE AND EQUITY. C) ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO PERMIT THE PETITIONERS FOR RUN THE FAIR PRICE SHOP, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. - 3 - HC-KAR NC: 2025:KHC-D:12696 WP No. 107007 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) Issue writ in the nature of Certiorari or any other writ or order or direction, quashing the impugned order dated 21.06.2023 bearing No.AaNaSa/Nya.Be.Aum/ViVa-16/2023-24 passed by the Joint Director/Respondent No.3 vide Annexure-B in respect of petitioners fair price shop bearing Aurhorization No.139/2018-19 of Murol Village Hungund Tq. Bagalkot Dist, in the interest of justice and equity. b) Issue writ in the nature of Certiorari or any other writ or order or direction, quashing the impugned notice dated 30.05.2025 bearing No. AaNaSa/Nya.Be.Aum/ViVa-16/2025-26/91 passed by the Joint Director/Respondent No.4 vide Annexure-C in respect of petitioners fair price shop bearing Authorization No.139/2018-19 of Murol village Hungund Tq. Bagalkot Dist, In the interest of justice and equity. c) Issue writ in the nature of mandamus directing the respondent to permit the petitioners for run the fair price shop, in the interest of justice and equity. d) This Hon’ble High Court may be pleased to issue such other Writ or Writs or directions in the nature of a Writ as this Hon’ble High Court may deem it fit to grant in the facts and circumstances of the case. - 4 - HC-KAR NC: 2025:KHC-D:12696 WP No. 107007 of 2025 2. The short grievance of the petitioners are that though the authorization in favour of the petitioners had been suspended on 21.06.2023, an enquiry is now proposed to be initiated by notice dated 30.05.2025 by the Assistant Director. 3. The submission of Sri Gnanayyaswami, learned counsel for the petitioners, is that in terms of Rule 12 of the Karnataka Essential Commodities Public Distribution System Control Order, 1992 (for short the Control Order, 1992) enquiry is to be completed within 90 days from the date of suspension of the shop. As such, in the present case, the notice, having been issued nearly two years after the date of suspension, is not sustainable. 4. A perusal of the proviso to sub-rule (2) of Rule 12 of the Control Order, 1992 clearly provides that the enquiry shall be completed within 90 days from the date of suspension. In the present case, the enquiry - 5 - HC-KAR NC: 2025:KHC-D:12696 WP No. 107007 of 2025 having not been completed, and indeed not even initiated within the said time, the same is not sustainable. 5. Accordingly, I pass the following: ORDER i) Writ petition is allowed. ii) The notice dated 30.05.2025 issued by the Assistant Director is quashed. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT: UMD/List No.: 1 Sl No.: 37