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2025 DAILYLAW 65402 (KAR)

YUVAKA MANDALI MUNDALLI ALIAS v. THE STATE OF KARNATAKA

WP/105597/2025 · 2025-12-10

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:18025 WP No. 105597 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105597 OF 2025 (GM-PDS) BETWEEN: YUVAKA MANDALI MUNDALLI R/BY ITS PRESIDENT SHRI DHARMARAY DEVENDRA NAIK AGE. 32 YEARS, OCC. PRECEDENT R/O. FAIR SHOP NO.6, TQ. BHATKAL, DIST. UTTARA KANNADA-581359. …PETITIONER (BY SRI VENKATESH M. KHARVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLY, VIKASH SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER MINI VIDHAN SOUDHA, UTTAR KANNADA. 3. THE DEPUTY DIRECTOR DEPT. OF FOOD AND CIVIL SUPPLY, MINI VIDHAN SOUDHA, UTTAR KANNADA-581359. 4. THE TAHASILADAR BHATKAL-581320. …RESPONDENTS (BY SRI T. HANUMAREDDY, AGA) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka Dharwad Bench Date: 2025.12.12 14:34:15 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18025 WP No. 105597 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE AN WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE ORDER TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 DATED 23/06/2025 BEARING NO.SUP/MUM.NYA.BE.AM/VIVA/2023-24 VIDE ANNEXURE-A. THIS HON’BLE COURT RESTORES THE LICENSE ISSUED BY RESPONDENT NO.2/DEPUTY COMMISSIONER BEARING VIDE ANNEXURE-B NO.SUP/DRA/SR-29/93-94 AND PERMIT THEM TO RUN THE FAIR PRICE SHOP. THIS PETITION, COMING ON FOR ORDERS, 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: a. “Issue an writ of certiorari or any other appropriate order to Quash the order Passed by the Respondent No.2 dated 23/06/2025 bearing No. SUP/Mum. Nya. Be. Am/viva/2023-24 vide Annexure -A. b. This Hon'ble court restores the license issued by respondent vide Ann-B no2/Deputy Commissioner bearing, vide Annexure-B no. SUP/DRA/SR-29/93-94 and permit them to run the fair price shop. c. Issue such other suitable writ or order or directions as this Hon'ble court deems fit under the circumstances of the present case in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC-D:18025 WP No. 105597 of 2025 2. What is called in question is the order cancelling the petitioner’s licence. 3. Learned AGA submits that as against the said order, an appeal lies before the Deputy Commissioner. 4. Learned counsel for the petitioner submits that an appeal before the Deputy Commissioner will not be taken up for months together, which would only enure to the benefit of the person presently holding the licence. 5. Learned counsel therefore seeks a direction for expeditious consideration. 6. In the light of the submissions, learned AGA submits that if a time frame is fixed, the appeal will be considered and appropriate orders will be passed in accordance with law. 7. In that view of the matter, I deem it appropriate to permit the petitioner to prefer an appeal before the appellate authority—the Deputy Commissioner, who shall pass necessary orders in accordance with law, within an outer limit of four months from the date of receipt of a copy of this order. 8. It is needless to observe that until the Deputy Commissioner considers and disposes of the appeal, the respondents shall not precipitate the matter. - 4 - HC-KAR NC: 2025:KHC-D:18025 WP No. 105597 of 2025 9. All contentions are left open. 10. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC Ct-ASC LIST NO.: 1 SL NO.: 164