- 1 - NC: 2025:KHC-D:870-DB WA No. 100649 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO. 100649 OF 2024 (GM-PDS) BETWEEN: PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, NIKALLIGUDDI, REP. BY ITS SECRETARY, RANGAPPA S/O. PANDAPPA DALAWAI, AGE: 35 YEARS, OCC. NILL, R/O. KALLIGUDDI-591227, TQ. GOKAK, DIST. BELAGAVI. - APPELLANT (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY PRINCIPAL SECRETARY, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIKASA SOUDHA, AMBEDKAR ROAD, BENGALURU-560001. 2. THE COMMISSIONER, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, CUNNINGHAM ROAD, BENGALURU 560052. 3. DEPUTY DIRECTOR OF FOOD, CIVIL SUPPLIES AND CONSUMERS AFFAIRS, OFFICE OF THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-5. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:870-DB WA No. 100649 of 2024 4. THE TAHASHILDAR, TAHASHILDAR OFFICE, GOKAK, DIST. BELAGAVI. 5. KALLAPPA S/O. RAMAPPA KUDARI, AGE. 46 YEARS, OCC. NILL, R/O. HOUSE NO.51, VTC RADERATTI, TQ. GOKAK, DIST. BELAGAVI-591227. - RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R4) THIS WRIT APPEAL IS FILED U/S. 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO. 106778/2024 (GM-PDS) DATED 21.11.2024, RESTORE THE WRIT PETITION AND PERMIT THE APPELLANT TO PROSECUTE THE PETITION BY ALLOWING THE PRESENT WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:870-DB WA No. 100649 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner, who is not arrayed as a party in the writ proceedings in W.P. No. 106778/2024 which is disposed of on 21.11.2024, has filed this writ appeal along with an application for leave to prosecute the appeal. The writ Court has disposed of the fifth respondent’s writ petition by the following order: “(i) This petition is allowed. (ii) The order/ endorsement dated 23.10.2024 passed by the 3rd respondent vide Annexure-F is hereby quashed. (iii) Writ of mandamus is issued directing respondent No.3 to transfer the fair price shop license in favour of the petitioner on compassionate ground within four weeks from the date of receipt of copy of this order.” If the fifth respondent has succeeded in the writ petition inter alia because his father, Sri Ramappa Kudari was running a fair price shop at Raderatti village, Gokak Taluka and that on his demise he will be entitled to the transfer of such licence in his favour, the appellant contends that even before the commencement of the writ proceedings, the fair price shop licence was transferred in his favour and - 4 - NC: 2025:KHC-D:870-DB WA No. 100649 of 2024 that the fifth respondent has filed the writ petition suppressing the same. Sri Prashant Mathapathi, the learned counsel for the appellant, and Sri Praveen K. Uppar, the learned Additional Government Advocate for the first to fourth respondents are heard. This Court must observe that the appellant will be entitled to seek appropriate relief in the light of the circumstances pleaded by him in a separate writ petition and the merits of the rival contentions cannot be examined for the first time in this intra-court appeal. This Court must refer to the decision of the Apex Court in the case of Shivdeo Singh and others V. State of Punjab [AIR 1963 SC 1909]. Hence, with liberty to the respondents, subject to all just exceptions the writ appeal stands disposed of. Consequently, pending applications also stand disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV/ct-an/ List No.: 1 Sl No.: 34