- 1 - NC: 2025:KHC-D:3160 WP No. 107462 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107462 OF 2024 (GM-PDS) BETWEEN: B.SHIVAKUMAR S/O. B. HANUMANTHAPPA, AGE: 42 YEARS, R/O: HEERCHADLIGI VILLAGE, TQ AND DIST: BALLARI – 583 117. …PETITIONER (BY SRI C. R. HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY UNDER SECRETARY (1 AND 2), DEPARTMENT OF FOOD, CIVIL SUPPLIES, CONSUMER AFFAIRS AND LEGAL METHODOLOGY 19 GROUND FLOOR, VIKAS SOUDHA, BENGALURU – 080. 2. THE OFFICE OF JOINT DIRECTOR, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFIARS, BALLARI, DIST: BALLARI – 583 117. 3. THE DEPUTY DIRECTOR, DEPARTMENT OF FOOD, CIVIL SUPPLIES Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3160 WP No. 107462 of 2024 AND CONSUMER AFFIARS, BALLARI, DIST: BALLARI – 583 117. 4. THE COMMISSIONER, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFIARS, BENGALURU – 080. 5. THE TAHASHILDAR BALLARI, TALUK BALLARI – 583 101. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS ISSUING DIRECTION AGAINST THE RESPONDENT NO. 2 TO CONSIDER THE REPRESENTATION DATED 04-07-2024 AS PER ANNEXURE-K. WRIT OF MANDAMUS ISSUING DIRECTION AGAINST THE RESPONDENT NO. 1 AND 4 TO CONSIDER THE LETTERS NO. ANASA-8/HOSANYABE AM/2022-23 DATED 22-05-2024 AND DATED 31-05-2024 AS PER ANNEXURE-Q AND Q1 RESPECTIVELY, ISSUED BY THE RESPONDENT NO. 3. IN THE ENDS OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: - 3 - NC: 2025:KHC-D:3160 WP No. 107462 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “A. Writ of mandamus issuing direction against the respondent no. 2 to consider the representation dated 04-07-2024 as per Annexure-K. B. Writ of mandamus issuing direction against the respondent no. 1 and 4 to consider the letters no.ANaSa-8 / HoSaNyaBe Am/2022-23 dated 22- 05-2024 and dated 31-05-2024 as per Annexure-Q and Q1 respectively, issued by the respondent no. 3. in the ends of justice and equity. C. Any other direction or order in the nature of writ as this Hon’ble Court thinks fit in the facts circumstances of the case.” 2. Heard the learned counsel Sri.C.R.Hiremath appearing for the petitioner and the learned AGA Sri.Sharad V.Magadum representing the respondent-State. 3. Facts in brief germane are as follows: The second respondent invites applications for allotment of a new fair price shop on 20.12.2021. The petitioner is said to have applied under the physically handicapped quota. After verification of the documents, it - 4 - NC: 2025:KHC-D:3160 WP No. 107462 of 2024 transpires that the petitioner is found to be eligible, and had also complied with the condition of deposit of the amount in furtherance of the said selection. On 09.02.2024, the petitioner is declared to have secured the authorization. What happens later is what forms the subject matter in the present lis. Notwithstanding all the eligibility being in favour of the petitioner, the allotment of fair price shop in favour of the petitioner has not come about. It is therefore the petitioner is before this Court seeking the aforesaid prayer. 4. The learned AGA by taking this Court through the documents appended to the petition, seek to project a communication dated 21.10.2024 by first respondent, which refers to a communication or a tippani from the member of the Legislative Assembly, Kampli, which has resulted in denial of the benefit of the selection process of allotment of a fair price shop in favour the petitioner. The learned AGA would further submit that if reasonable time is granted, claim of the petitioner be considered and - 5 - NC: 2025:KHC-D:3160 WP No. 107462 of 2024 appropriate orders would be passed, in accordance with law. 5. In that light, I deem it appropriate to dispose the petition, directing the respondents to consider the claim of the petitioner without being influenced by the content of the communication dated 21.10.2024 and 31.12.2024 which refers to a tippani of the member of the Legislative Assembly therein, within 8 weeks from the date of receipt of copy of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 53