- 1 - HC-KAR NC: 2025:KHC:40995 WP No. 10359 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 10359 OF 2022 (GM-PDS) BETWEEN: M P SURESH S/O PUTTA NAIK AGED ABOUT 56 YEARS R/O SHANTHAPURA VILLAGE KODUR POST, SANAGARA TALUK SHIMOGA DISTRICT …PETITIONER (BY SRI. SHIVARAMU H.C., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT SHIMOGA 2. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES SHIMOGA DISTRICT, SHIMOGA 3. THE THASILDAR HOSANAGARA TALUK HOSANAGARA, SHIMOGA DISTRICT 4. RAMACHANDRA S/O SOMA NAIK MAJOR, R/O KARAKKI VILLAGE KODUR POST, HOSANAGARA TALUK SHIMOGA DISTRICT …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3 SRI. B.S. PRASAD, ADVOCATE FOR C/R4) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40995 WP No. 10359 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.05.2022 PASSED BY THE R2 IN HIS ORDER DATED 2020-21 AT ANNEXURE-H1, QUASH THE ORDER DATED 04.05.2022 PASSED BY THE R1 AT ANNEXURE-F AND QUASH THE IMPUGNED SPECIAL NOTIFICATION DATED 18.01.2021 ISSUED BY THE R2 AT ANNEXURE-E. 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 In this writ petition, the grievance of the petitioner is with regard to the decision taken by the Respondent-Authorities interfering with the running of the Fair Price Depot by the petitioner herein. 2. Heard Sri H.C.Shivaramu, learned counsel for the petitioner, Sri Mahantesh Shettar, AGA for Respondents No.1 to 3 and Sri B.S.Prasad, learned counsel for the Caveator/Respondent No.4. 3. Sri H.C.Shivaramu, learned counsel for the petitioner, by referring to the report made by the Food Inspector, Hosanagara, Shimoga as per Annexures B1 and C2 series, wherein the report has been made to Respondents No.2 and 3 - 3 - HC-KAR NC: 2025:KHC:40995 WP No. 10359 of 2022 with regard to the veracity of the Ration Card Holders as well as the Fair Price Depot run by the petitioner, argued that, though the total number of Ration Cards allotted in favour of the petitioner was to an extent of 619 cards and out of the same, certain cards have been withdrawn in terms of the impugned orders and therefore, the impugned orders have been passed at the instance of the letters dated 26.03.2021 and 02.07.2021 addressed by the local MLA and therefore, the decision taken by the authorities requires to be set aside. 4. Per contra, Sri B.S.Prasad, learned counsel for Respondent No.4 submitted that, the impugned orders have been passed in furtherance of the new Circular said to have been issued by the Government as per Annexure-R1 and submitted that no interference is sought in this writ petition. 5. Per contra, learned AGA supports the impugned orders passed by the Respondent-Authorities. 6. I have carefully examined the report made by the Food Inspector of the Hosanagara Taluk as per Annexures B1 and C2 series. In the light of the same, looking into the impugned - 4 - HC-KAR NC: 2025:KHC:40995 WP No. 10359 of 2022 orders passed by the Respondent-Authorities wherein, it is forthcoming that the local MLA of Sagar Vidhana Sabha Constituency has addressed letters to the Authorities to take decision in the matter and therefore, I am of the view that there is non-application of mind by the Authorities in passing the impugned orders and the same is not sustainable in law. 7. Hence, the following : ORDER i) Writ petition is allowed; ii) The impugned orders at Annexures H1, F and E are hereby set aside and the matter is remitted to Respondent No.2 to take decision in the matter afresh in accordance with law in respect of the relevant notification, prevailing as on the date of passing the order, in accordance with the Notification therein. iii) It is made clear that Respondent No.2 shall not be influenced by the letter that may be addressed by the local MLA and an appropriate decision has to be taken with regard to the earlier decision of the - 5 - HC-KAR NC: 2025:KHC:40995 WP No. 10359 of 2022 Government in respect of the provisions contained in the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016 within a period of four months from the date of receipt of a copy of this order. With this observation, writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE rs CT-SG List No.: 1 Sl No.: 45