- 1 - HC-KAR NC: 2025:KHC-D:15710 WP No. 104624 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104624 OF 2025 (GM-PDS) BETWEEN: RAMESH S/O. GANGARAM PATIL, AGE: 48 YEARS, OCC: BUSINESS, R/O. KHANAGAON K.H., TQ AND DIST: BELAGAVI – 591 344. …PETITIONER (BY SRI. SADIQALI N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPT. VASANTH NAGAR, BENGALURU – 01. 2. THE COMMISSIONER, FOOD, CIVIL AND CONSUMER AFFAIRS DEPT. CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU – 32. 3. THE DEPUTY DIRECTOR, FOOD, CIVIL AND CONSUMER AFFAIRS DEPT. BELAGAVI, DIST. BELAGAVI – 590 001. 4. THE TAHSILDAR, BELAGAVI, DIST. BELAGAVI – 590 001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 06.06.2025 PASSED BY RESPONDENT NO.3 IN NO.APUVI/ NAYABEAM/ AMANATHU/ VINIDHI-66/2025-26 VIDE ANNEXURE-C AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15710 WP No. 104624 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer. A. A writ in the nature of Certiorari quashing the impugned order dated 06.06.2025 passed by respondent no.3 in no. APUVI/ NAYABEAM/ AMANATHU/ VINIDHI-66/2025-26 vide Annexure- C. B. Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case. 2. Heard Sri. Sadiq N. Goodwala appearing for the petitioner and the learned HCGP for respondents. 3. The petitioner is granted a licence to run a fair price shop in the year 2019. The respondent terminates these licences which come to these petitioners to the petitioner as a bolt from the blue, as no notice was issued prior to cancellation of licence. In identical circumstances, the Co-ordinate Bench of this Court in W.P. No.26222/2023 has held as follows: In this petition, petitioner seeks for the following reliefs: “(i) A writ in the nature of Certiorari quashing the impugned order dated 06.06.2021 passed by Respondent No.3 in No.ANASA:3:CR:627/93-94 vide Annexure – B. - 3 - HC-KAR NC: 2025:KHC-D:15710 WP No. 104624 of 2025 (ii) Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case.” 2. Heard learned counsel for the petitioner and learned AGA for the respondents. Perused the material on record. 3. Though several contentions have been urged by both sides in support of their respective claims, having regard to the specific assertion on the part of the petitioner that the impugned order at Annexure-B dated 06.06.2021 was passed by respondent No.3 without notifying the petitioner or hearing him in violation of the principles of natural justice, without expressing any opinion on the merits/ demerits of the rival contentions, I deem it just and appropriate to dispose off this petition setting aside the impugned order passed by respondent No. 3 and remit the matter back to respondent No.3 for re- consideration afresh, in accordance with law. 4. In the result, I pass the following: (i) Petition is hereby allowed . (ii) The impugned order dated 06.06.2021 passed by respondent No.3 vide Annexure – B is hereby set aside. (iii) The matter is remitted back to respondent No.3 for re-consideration afresh, after notifying the petitioner and hearing him and providing him sufficient/reasonable opportunity, in accordance with law and pass a speaking order.” 4. The learned AGA would submit that though notice was issued, no reply was sought for but on the same day of issuance of notice the impugned order is passed. If these are the admitted facts, the order that is impugned in the subject petition is on the face of it passed in violation of principles of natural justice. As the reply to the notice reaches on the same day and - 4 - HC-KAR NC: 2025:KHC-D:15710 WP No. 104624 of 2025 the impugned order of cancellation is passed on the same day. On this solitary ground, the petition deserves albeit in part. Accordingly the following: ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 06.06.2025 passed by respondent No.3 vide Annexure – C is hereby set aside. (iii) The matter is remitted back to respondent No.3 for re-consideration afresh, after notifying the petitioner and hearing him and providing him sufficient/reasonable opportunity, in accordance with law and pass a speaking order. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT-ASC List No.: 1 Sl No.: 281