- 1 - HC-KAR CNR: KAHC010275672020 NC: 2026:KHC:36845 WP No. 11091 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 11091 OF 2020 (GM-PDS) BETWEEN: SRI T M GARUDAIAH S/O LATE MUNIYAPPA, AGED ABOUT 60 YEARS, R/O A.K.KAWAL, HONNUDIKE HAND PSOT, NARUGANAHALLI POST, GULUR HOBLI, TUMKUR TALUK AND DISTRICT -572122. …PETITIONER (BY SRI. UGRAPPA V S., ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESETNED BY TIS SECRETARY, DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560001 2. THE DEPUTY COMMISSIONER DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, TUMKUR DISTRICT, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010275672020 NC: 2026:KHC:36845 WP No. 11091 of 2020 TUMKUR- 572101 3. THE JOINT DIRECTOR DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, II FLOOR, MINI VIDHANA SOUDHA, TUMKURU -572101 4. THE TAHASILDAR TUMKUR TALUK, TUMKUR OFFICE, TUMKURU - 572101 5. SMT MANGALAMMA W/O LATE NAGARAJ, AGED ABOUT 38 YEARS, CARD NO.TUMR 14138184, RESIDENCE AT A.K.KAWAL, HONNUDIKE HAND POST, GULURU HOBLI, NORUGANAHALLI POST, TUMKUR TALUK AND DISTRICT- 572122. 6. SMT MUMTAZ W/O ASLAM, AGED 34 YEARS, CARD NO. TUMR 0129753, R/O A.K.KAWAL, HONNUDIKE HAND PSOT, NORUGANAHALLI POST, GULUR HOBLI, TUMKUR TALUK AND DISTRICT- 582122. 7. GANGALAKSHMAMMA W/O GANGAMAYANNA @ RAJANNA, - 3 - HC-KAR CNR: KAHC010275672020 NC: 2026:KHC:36845 WP No. 11091 of 2020 CARD NO.TUMR 00129954 R/O A.K.KAWAL, HONNUDIKE HAND PSOT, NORUGANAHALLI POST, GULUR HOBLI, TUMKUR TALUK AND DISTRICT -582122. 8. SMT LAKSHMIDEVAMMA W/O NARASIMHA MURTHY, AGED 48 YEARS, CARD NO. TUMR 250900266697 RESIDENCE AT HONNUDIKER HAND PSOT, NORUGANAHALLI POST, GULURU HOBLI, TUMKUR TALUK AND DISTRICT- 582122 9. SRI MAYARANGAIAH S/O APPAIAH, AGED ABOUT 52 YEARS, R/O A.K.KAWAL, HONNUDIKE HAND PSOT, NORUGANAHALLI POST, GULUR HOBLI, TUMKUR TALUK AND DISTRICT -582122. …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, AGA FOR R1 TO R4, R-5, R-6, R-7, R-8 & R-9 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUION OF INDIA PRAYING TO-CALL FOR RECORDS FROM THE OFFICE OF THE R-2 PERTAINING TO THE IMPUGNED ORDER DATED 29.05.2020 PASSED BY THE R-2 AT ANNEXURE-F AND THE IMPUGNED ORDER DATED 02.09.2020 PASSED BY THE - 4 - HC-KAR CNR: KAHC010275672020 NC: 2026:KHC:36845 WP No. 11091 of 2020 R-3 AT ANNEXURE-K. QUASH THE IMPUGNED ORDER DATED 29.05.2020 PASSED BY THE R-2 AT ANNEXURE-F AND THE IMPUGNED ORDER DATED 02.09.2020 PASSED BY THE R-3 AT ANNEXURE-K. DIRECT THE R-3 TO RELEASE THE FOOD GRAINS TO THE PETITIONER FAIR PRICE DEPOT FOR DISTRIBUTION. AWARD COST OF THIS PROCEEDINGS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. Petitioner, was issued with license, to run a fair price depot the same was cancelled originally by order dated 19.05.2020 by respondent No.3-the Joint Director, Food and Civil Supplies and Consumer Affairs Department, Tumakuru District. As against which an appeal was preferred by Tahsildar before the respondent No.2-Deputy Commissioner who by order dated 29.05.2020 as per Annexure-F remanded the matter for fresh consideration to the Joint Director. Pursuant to which, enquiry was conducted. Statements were recorded. A detail order dated 02.09.2020 came to be passed as per Annexure-K by the Joint Director, - 5 - HC-KAR CNR: KAHC010275672020 NC: 2026:KHC:36845 WP No. 11091 of 2020 confirming his earlier order dated 19.05.2020. It is this order which is put in question. 2. Learned AGA pointed out that there is an appeal provided under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 and 2016 under Regulation 17 before the Hon'ble Minister, Department of Food, Civil Supplies and Consumer Affairs. 3. Learned counsel for petitioner after arguing the matter for sometime submits that if liberty is reserved to the petitioner to approach the concerned authority by filing an appeal as provided, with further indulgence by extending the interim order till disposal of appeal, the purpose of the petition will be served. 4. Submission placed on record. 5. Petition is disposed of reserving liberty to the petitioner to approach the concerned appellate authority within 30 days from the date of receipt of certified copy of this order. If appeal is filed within 30 days, the time consumed in - 6 - HC-KAR CNR: KAHC010275672020 NC: 2026:KHC:36845 WP No. 11091 of 2020 prosecuting this matter shall be exempted for the purpose of limitation. Interim order granted by this Court on 12.10.2020 staying the operation of order dated 29.05.2020 is extended until disposal of the appeal to be filed by the petitioner before the Appellate Authority. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 23