- 1 - HC-KAR NC: 2025:KHC-D:14893 WP No. 102896 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102896 OF 2022 (GM-PDS) BETWEEN: 1. BHARAT NEKAR UTPADAKARA SAHAKARI SANGHA NIYAMIT, AT YALLATTI, TQ: RABAKAVI-BANAHATTI, DIST. BAGALKOT, REPRESENTED BY ITS CHIEF EXECUTIVE. 2. RAJU S/O. IRAPPA KANCHUNAKI, AGE. 48 YEARS, OCC. BUSINESS, AND AGRICULTURE, THE CHAIRMAN BHARAT NEKAR UTPADAKARA SAHAKARI SANGH NIYAMIT YALLATTI AT. YALLATTI, TQ. RABAKAVI –BANAHATTI, DIST. BAGALKOT. …PETITIONERS (BY SRI. SADIQ GOODWALA, ADVOCATE A/W SMT. PRIYANKA H. PAWAR, ADVOCATE) AND: 1. THE STAE OF KARNATAKA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF M.S. BUILDING, BENGALURU – 560 001. 2. THE JOINT DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT BAGALKOT, BAGALKOT – 587 101. 3. SHRI. SHRISHAIL B. KANKANWADI, AGE.55 YEARS, OCC. SERVICE, NOW WORKING AS JOINT Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14893 WP No. 102896 of 2022 DIRECTOR FOOD AND CIVIL SUPPLIES, AND CONSUMER AFFAIRS, BELAGAVI, AT. BELAGAVI DIST. BELAGAVI. 4. THE TAHASILDAR, RABAKAVI BANAHATTI, TALUK. RABAKAVI -BANAHATTI DIST. BAGALKOT, PIN-587 311. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1, R2 & R4; R3 – NOTICE IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 27/07/2021 IN NO.AANASA/NYA BE AUM/VIVA- 50/2021-22 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-F. TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 5/8/2021 IN NO.FOOD/CR/04/21-22 PASSED BY THE 4TH RESPONDENT VIDE ANNEXURE-G. ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 13/06/2022 IN NO.AANASA/NYA.BE.AUM/VEVA-50/2021-22 VIDE ANNEXURE-L. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 AND 3 TO PERMIT AND ALLOW THE PETITIONERS SOCIETY TO CONTINUE AND TO DISTRIBUTE THE ESSENTIAL COMMODITIES TO ITS CARD HOLDERS BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. TO ISSUE WRIT OR ANY OTHER ORDER TO DIRECTION TO IMPLSE HEAVY COSTS ON THE RESPONDENTS NO.2 TO 4 IN THE INTEREST OF JUSTICE AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14893 WP No. 102896 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: 1. To issue writ in the nature of certiorari to quash the impugned order dated 27/07/2021 in No. AaNaSa/ Nya Be Aum/ Viva-50/ 2021-22 passed by the 2nd respondent vide Annexure-F. 2. To Issue writ in the nature of certiorari to quash the impugned order dated 5/8/2021 in No.FOOD/ CR/ 04/ 21-22 passed by the 4th respondent vide Annexure-G. 3. Issue writ in the nature of certiorari to quash the impugned order dated 13/06/2022 in no.AaNaSa/ Nya.Be.Aum/ Veva-50/ 2021-22 vide Annexure-L. 4. To Issue writ in the nature of mandamus directing the respondents no.2 and 3 to permit and allow the petitioners society to continue and to distribute the essential commodities to its card holders by allowing this writ petition in the interest of justice and equity. 5. To Issue writ or any other order to direction to implse heavy costs on the respondents No.2 to 4 in the interest of justice. 2. Heard the learned counsel Shri Sadiq Goodwala appearing on behalf of Smt. Priyanka H.Pawar for the petitioner and the learned AGA Shri T.Hanumareddy appearing for respondent Nos.1, 2 and 4. - 4 - HC-KAR NC: 2025:KHC-D:14893 WP No. 102896 of 2022 3. The petitioner is allotted a license to run a Fair Price Shop. The license is suspended. Suspension of which is called in question in Writ Petition No.101996 of 2022. The said petition comes to be disposed on the ground that during the subsistence of the said petition, an order of cancellation of license is passed. The Co-ordinate Bench disposes the petition by the following order: “Learned Addl. Government Advocate has furnished a copy of the final order dated 13.06.2022 passed by the joint director of Food and Civil Supplies, Bagalkot. In terms of the said order the license issued to the petitioner has been cancelled. 2. Learned counsel for the petitioner submits that the petitioner may be permitted to challenge the said order by amending this writ petition. Such a prayer cannot be granted, since grounds have to be raised to challenge the fresh order dated 13.06.2022. 3. Consequently the writ petition stands dismissed, with liberty reserved to the petitioner to challenge the subsequent order dated 13.06.2022 along with the order of suspension which is already under challenge in this writ petition and on the same cause of action. All contentions are kept open, including the contention of the learned Addl. Government Advocate that an appeal remedy is available to the petitioner to challenge the order passed by the Joint Director. 4. Consequent to the disposal of the main petition all pending I.A’s do not survive for consideration.” - 5 - HC-KAR NC: 2025:KHC-D:14893 WP No. 102896 of 2022 4. What follows is a show cause notice issued to the petitioner on 10.06.2022. The show cause notice directs the petitioner to submit the reply within three days from the date of receipt of the said notice. The notice is dated 10.06.2022, upon what day it is served is not forthcoming. The impugned order is passed on 13.06.2022, three days after the date of issuance of notice to the petitioner. Therefore, the petitioner could not submit his reply to the show cause notice as the order is passed even before the ink on the show cause notice could dry. In that light, there has been blatant violation of principles of natural justice in the case at hand. Therefore, without going into the merit or demerit of the claim or defence of the respondent - State, I deem it appropriate to set aside the order passed, which is in violation of principles of natural justice and direct the respondents to afford an opportunity to the petitioner to submit his reply to the show cause notice dated 10.06.2022 and then take the issue to its logical conclusion. In the light of the said circumstance, the order impugned is rendered unsustainable. For the aforesaid reasons, the following: ORDER (i) The writ petition is allowed in part. - 6 - HC-KAR NC: 2025:KHC-D:14893 WP No. 102896 of 2022 (ii) The order dated 13.06.2022 stands quashed. The petitioner becomes entitled to all consequential benefits that would flow from the quashment of the order. (iii) The respondents shall now grant adequate opportunity for the petitioner to submit his reply to the show cause notice dated 10.06.2022. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 148