SHRI. VITTAL S/O MAYAPPA MALAGALI v. THE STATE OF KARNATAKA
WP/100132/2016 · 2025-09-04
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62299 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62299 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:11389 WP No. 100132 of 2016
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION NO. 100132 OF 2016 (GM-PDS) BETWEEN:
SHRI. VITTAL S/O MAYAPPA MALAGALI AGE. 48 YEARS, OCC. RUNNING ALLOTTED RATION SHOP, R/O:MABANUR VILLAGE, TQ:SAVADATTI, DIST:BELAGAVI. …PETITIONER (BY SRI. DEEPAK S. KULKARNI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FFOD AND CIVIL SUPPLIES, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001.
2.
THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BENGALURU-560052.
3.
THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, TQ & DIST: BELAGAVI.
4.
THE TAHASILDAR, SAVADATTI TALUK, DIST: BELAGAVI.
5.
PRATHMIK KRASHI PATTIN SAHAKARI BANK NI., MABANUR, REP. BY ITS SECRETARY, TQ: SAVADATTI, DIST: BELAGAVI. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R4;
SRI. VIJAY M. MALALI, ADVOCATE FOR R5)
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 OR ANY OTHER WRIT OR DIRECTION AND QUASH THE IMPUGNED DATED 25.10.2015 PASSED IN NO-
Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench
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HC-KAR NC: 2025:KHC-D:11389 WP No. 100132 of 2016
AFV:ADA/VW/22/2014-15 (PÀæ:D¥ÀÆ«:CzÀC/«ªÀ-22/2014-15) BY THE RESPONDENT NO.3 I.E. THE DEPUTY COMMISSIONER, BELAGAVI COPY ANNEXED AS PER ANNEXURE-A, TO THE WRIT PETITION, AS THE SAME IS HIGHLY PERVEERSE AND ILLEGAL & ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)
The present petition has been filed calling in question the impugned order dated 25.10.2015 passed by the Deputy Commissioner at Annexure-A. By virtue of the order at Annexure-A, the authorization was granted to the respondent No.5/Society.
2. It is the case of the petitioner that by granting licence to respondent No.5, some of the cards allotted to the petitioner/Fair Price Depot were withdrawn and handed over to the respondent No.5.
3. It must be noticed that subsequently, the petitioner filed revision petition bearing ¥Àj²Ã®£Á(j«µÀ£ï) Cfð ¸ÀASÉå: D£Á¸À 82 E¹J 2017, in which very same order at Annexure-A has been stayed. It must be noticed that this revision petition was filed after filing of the writ petition.
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HC-KAR NC: 2025:KHC-D:11389 WP No. 100132 of 2016
4. Noticing that there is no interim order passed in the writ petition, it appears that the petitioner approached the revisional authority and obtained interim order. If that were to be so, the petitioner cannot be permitted to pursue the parallel remedy. Prima facie, resort to revision petition subsequent to filing of the writ petition cannot be described to be a bonafide action.
5. In light of pendency of revision petition, the present petition is rejected. All contentions raised herein are kept open to be raised before the revisional authority.
6. Needless to state that the noticing that revision petition is still pending consideration, the Revisional Authority is
directed to dispose off the revision petition within a period of three months from today.
7. A copy of this order to be communicated to the Revisional Authority/Food & Civil Supply, Consumer Affairs and Legal Metrology, Vidhana Soudha, Bengaluru.
Sd/- (S.SUNIL DUTT YADAV) JUDGE JTR, CT:VP