- 1 - HC-KAR CNR: KAHC010602902022 NC: 2026:KHC:47948 WP No. 26031 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 26031 OF 2022 (GM-PDS) BETWEEN: MASTHAIAH. M AGED ABOUT 62 YEARS S/O LATE MAREGOWDA RESIDING AT NO.274 MAGADI MAIN ROAD KITTANAHALLLI VILLAGE DASANAPURA HOBLI BANGALORE NORTH BANGALORE–562130. …PETITIONER (BY SRI. SHIVARAMU H. C., ADV.) AND: 1. THE DEPUTY DIRECTOR FOR FOOD AND CIVIL SUPPLIES BANGALORE URBAN DISTRICT BANGALORE. 2. THE THASILDAR BANGALORE NORTH TALUK BANGALORE URBAN DISTRICT BANGALORE. 3. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE. …RESPONDENTS (BY SRI. SRINIVAS KUMAR M., HCGP) Digitally signed by NANJUNDACHARI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010602902022 NC: 2026:KHC:47948 WP No. 26031 of 2022 THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, IS PRAYING TO QUASH THE ORDER DATED 07.12.2022 PASSED BY THE R1 IN HIS ORDER NO.G HA (NA)/ HA NYAYA HUM PRADHIKARA/58(8)/1993-94 AT ANNEXURE –L AND DIRECT TO THE R1 AND R2 NOT TO HARASS THE PETITIONER ON THE STRENGTH OF THE COMPLAINT GIVEN BY SHRI SHRINIVASAMURTHY, S/O HANUMANTHARAYAPPA BY CONSIDERING THE APPLICATION DATED 17.10.2022 FILED BY THE PETITIONER BEFORE THE R3 AT ANNEXURE-J. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner was granted authorization to run a Fair Price Depot at Kittanahalli Village, Dasanapura Hobli, Bangalore North Taluk in the year 1982-83. Upon a complaint filed by a third party, the respondent-authorities had issued an order of suspension as per Annexure-C. Being aggrieved, the petitioner had approached this Court in a writ petition in W.P.No.15996/2022. By order dated 06.09.2022, this Court while reserving liberty to the petitioner to avail the remedy of appeal, had directed the respondents not to precipitate the matter for a period of 4 weeks. Thereafter, the petitioner appears to have filed an - 3 - HC-KAR CNR: KAHC010602902022 NC: 2026:KHC:47948 WP No. 26031 of 2022 appeal in Appeal No.1/2022-23 and has obtained interim order. The said appeal is still pending consideration. 2. Things stood thus, at the instance of very same person who had earlier given a complaint, another complaint was filed and the respondent-authorities have proceeded to suspend the authorization notwithstanding pendency of the appeal and the interim order being in operation. Being aggrieved, the present petition. 3. Learned Additional Government Advocate fairly submits that when the appeal is pending consideration and the earlier order of suspension is under consideration, the respondent-authorities could not have suspended the authorization during the pendency of the appeal and while the interim order was in operation. 4. In that view of the matter, the following: ORDER a) Writ petition is allowed. - 4 - HC-KAR CNR: KAHC010602902022 NC: 2026:KHC:47948 WP No. 26031 of 2022 b) The order of suspension bearing No.fC(£À)D:£ÁåCA¥Áæ¢üPÁgÀ:58(8):93-94 dated 07.12.2022 at Annexure-L is quashed. c) The pending appeal bearing No.fC(£À)DªÉÄîä£À«:01:2022-23 shall be disposed of in accordance with law, as expediently as possible. Sd/- (M.G.S. KAMAL) JUDGE NC CT:bms List No.: 1 Sl No.: 3