- 1 - HC-KAR NC: 2025:KHC:45485 WP NO.6711 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.6711 OF 2023 (GM-RES) BETWEEN: ANDREAS STIHL PRIVATE LIMITED (INCORPORATED UNDER THE COMPANIES ACT, 1956) HEAD QUARTERS, E-2/5 AND 6, MIDC CHAKAN - PHASE III, CHAKAN INDUSTRIAL AREA, TAL: KHED, PUNE, MAHARASHTRA - 410 501. BY ITS AUTHORIZED SIGNATORY SRI. SANJAY VERMA. …PETITIONER (BY SRI. AJITH A. SHETTY.,ADVOCATE) AND: 1. STATE OF KARNATAKA XHGP + C4X, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGAR, BENGALURU, KARNATAKA - 560 009. BY ITS PRINCIPAL SECRETARY. 2. COMMISSIONERATE OF AGRICULTURE NO.1, SESHADRI ROAD, NEAR K.R. CIRCLE, OPP. S.J.P. COLLEGE, BENGALURU - 560 009. BY THE COMMISSIONER. 3. JOINT DIRECTOR OF AGRICULTURE WHGC + G38, BENGALURU - HONNAVAR ROAD, GANDHI BAZAR, K.R. PURAM, SHIVAMOGGA - 577 202. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45485 WP NO.6711 OF 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH NOTICE DATED 15TH MARCH, 2023 ISSUED BY THE RESPONDENT NO.2-AUTHORITY VIDE ANNEXURE-P; DIRECT THE RESPONDENT-AUTHORITIES TO CONDUCT A FRESH ENQUIRY AFTER AFFORDING THE PETITIONER ENTITY AN OPPORTUNITY TO OFFER ITS EXPLANATION TO THE CHARGES LEVELLED AND AFFORDING OPPORTUNITY FOR THE PETITIONER TO PRODUCE MATERIAL DOCUMENTS IN ITS DEFENSE; DIRECT THE RESPONDENT-AUTHORITIES TO PERMIT THE PETITIONER ENTITY TO PARTICIPATE IN ALL FUTURE REQUEST FOR PROPOSALS AND TO BE EMPANELLED WITH THE DEPARTMENT OF AGRICULTURE, GOVERNMENT OF KARNATAKA; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Sri. Mahantesh Shettar, learned Additional Government Advocate accepts notice for respondents. 2. In this writ petition, the petitioner is assailing the Show Cause Notice dated 15th March, 2023 (Annexure-P) issued by the respondent No.2. - 3 - HC-KAR NC: 2025:KHC:45485 WP NO.6711 OF 2023 3. Heard Sri. Ajith A. Shetty, learned counsel appearing for the petitioner and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents. 4. Sri. Ajith A. Shetty, learned counsel appearing for the petitioner, by inviting the attention of the Court to the observation made in the impugned Show Cause Notice particularly with regard to the suspension of the petitioner from the empanelled list for supply of Farm Machineries under various subsidy schemes submits that, by issuing the Show Cause Notice calling upon the petitioner for explanation, the respondent-Authorities have resorted to suspend the petitioner from the empanelled list. Accordingly, he sought for interference of this Court. 5. Per contra, Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents sought to justify the impugned Show Cause Notice issued by the respondent No.2 and submitted that, it is open for the petitioner to approach the competent authority by filing - 4 - HC-KAR NC: 2025:KHC:45485 WP NO.6711 OF 2023 explanation/reply to the Show Cause Notice. Accordingly, he sought for dismissal of the petition. 6. In the light of submission made by learned counsel appearing for the parties, I have carefully examined the impugned Show Cause Notice dated 15th March, 2023 (Annexure-P), wherein the respondent No.2-Authority had directed the petitioner to submit its reply within seven days from the date of receipt of the Show Cause Notice so as to take further action against the petitioner. However, in the very same Notice, considering the enquiry report produced by the competent authority against the petitioner, the respondent No.2-Authority had suspended the petitioner from the empanelled list, which amounts to issuance of Show Cause Notice along with penal action taken against the petitioner. In that view of the matter, I find force in the submission made by learned counsel appearing for the petitioner for interference in this writ petition. Therefore, the penal action that has been taken against the petitioner by way of suspension as stated in the impugned Show Cause Notice, is hereby quashed and the petitioner is permitted to file its reply to the Show Cause Notice dated 15th March, 2023 (Annexure-P) issued by the - 5 - HC-KAR NC: 2025:KHC:45485 WP NO.6711 OF 2023 respondent No.2 within an outer limit of three weeks from the date of receipt of this order. 7. It is open for the respondent No.2-Authority to take decision in the matter only after consideration of the reply that may be made by the petitioner in terms of the issuance of Show Cause Notice dated 15th March, 2023 (Annexure-P). With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 19