- 1 - HC-KAR CNR: KAHC010645152026 NC: 2026:KHC:52533 WP No. 29777 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29777 OF 2026 (GM-PDS) BETWEEN: 1. SRI GOPINATH S/O. LATE. MUNIRAJ AGED ABOUT 45 YEARS FAIR PRICE SHOP NO.44 R/AT. BATHALAHHALLI BANGARPET TALUK KOLAR DIST-563129. SECRETARY VSSN SOCIETY. 2. SRI. GOPINATH S/O. LATE. MUNIRAJ AGED ABOUT 45 YEARS FAIR PRICE SHOP NO.43 R/AT. DHONIMADUGU VILLAGE BANGARPET TALUK KOLAR DIST-563129. SECRETARY VSSN SOCIETY. PETITIONERS (BY SMT. NAVYA C.D., ADVOCATE FOR SRI. NAGARAJA N.) AND: 1. THE STATE OF KARNATAKA THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPLE SECRETARY FOOD AND CIVIL SUPPLIES AND LEGAL METROLOGY DEPARTMENT VIKASA SOUDHA. BANGALORE-560001. - 2 - HC-KAR CNR: KAHC010645152026 NC: 2026:KHC:52533 WP No. 29777 of 2026 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-563101. 3. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES DEPARTMENT KOLARDIST, KOLAR-563101. 4. THE FOOD INSPECTOR FOOD AND CIVIL SUPPLIES DEPARTMENT BANGARPETTALUK, KOLAR-563114. RESPONDENTS (BY SRI. SHIVAREDDY. V.,AGA FOR RESPONDNETS) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE WRIT OF CERTIORARI OR SIMILAR WRIT, ORDER OR DIRECTION TO SET ASIDE THE IMPUGNED ORDER DATED- 13.07.2026 MADE IN NO. DRA(1)/CR/40/2026-27 AND DRA(1)/CR/41/2026-27 PASSED BY THE 3RD RESPONDENT VIDE ANNEXURE - C, C1, AND ALSO ORDER DATED- 25.08.2026 MADE IN NO. ECA/CR/15/2026-27 PASSED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE - H AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR CNR: KAHC010645152026 NC: 2026:KHC:52533 WP No. 29777 of 2026 ORAL ORDER The present writ petition is filed seeking for the following reliefs: "i) Issue writ of certiorari or similar writ, order or direction to set aside the impugned order dated 13.07.2026 made in No. DRA(1)/CR/40/2026-27 and DRA(1)/CR/41/2026-27 passed by the 3rd respondent Vide Annexure - C, C1, and also order dated 25.08.2026 made in No. ECA/CR/15/2026- 27 passed by the 2nd respondent produced at Annexure - H. ii) Pass such other relief or reliefs as this Hon'ble Authority deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity." 2. Being aggrieved by the orders dated 13.07.2026 (Annexures - C and C1 to the writ petition), the petitioners preferred an appeal (Appeal Case No.ECA/CR/15/2026-27) before respondent No.2 - Deputy Commissioner under Clause 17(1) of the Karnataka Essential Commodities Public Distribution System (Control) Order, 20161. 3. It is the contention of learned counsel for the petitioners that the petitioners were not notified of the appeal 1 Hereinafter referred as to 'Order' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010645152026 NC: 2026:KHC:52533 WP No. 29777 of 2026 proceedings and without notice to the petitioners, the impugned order dated 25.08.2026 (Annexure-H to the writ petition) has been passed dismissing the appeal of the petitioners. 4. In the appeal preferred by the petitioners before respondent No.2, the petitioners have assailed the orders dated 13.07.2026 on various grounds including that the petitioners did not have an adequate opportunity to contest the proceedings, which culminated in the impugned orders dated 13.07.2026; as also that the said impugned orders dated 13.07.2026 were passed without conducting any spot inspection or without recording any statement of the cardholders. 5. Having regarding to the fact that the petitioners have been granted license to supply essential commodities since the year 2016-17; as also since various factual assertions have been made by the petitioners in the appeal filed by them under clause 17(1) of the Rules, it is expedient that the Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010645152026 NC: 2026:KHC:52533 WP No. 29777 of 2026 petitioners be afforded another opportunity to prosecute the appeal pending before respondent No.2. 6. 6. Further, pending consideration of the appeal, it is expedient that the impugned orders dated 13.07.2026 not be precipitated in any manner. 7. Hence, the following: ORDER i. The writ petition is allowed-in-part; ii. The order dated 25.08.2026 passed in ECA/CR/15/2026-27 (Annexure-H to the writ petition) passed by respondent No.2 is hereby set aside; iii. The petitioners shall appear before respondent No.2 on 06.10.2026 at 3:00 P.M, consequent to which, respondent No.2 shall conduct further proceedings in the appeal filed by the petitioners in accordance with law, after giving an adequate opportunity of hearing to the petitioners; iv. Till conclusion of the appeal proceeding before respondent No.2 the impugned orders bearing Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 6 - HC-KAR CNR: KAHC010645152026 NC: 2026:KHC:52533 WP No. 29777 of 2026 Nos. DRA(1)/CR/40/2026-27 and DRA(1)/CR/41/2026-27 dated 13.07.2026 (Annexures-C and C1 to the writ petition) shall not be precipitated in any matter; v. All contentions to the parties and merits of the matter are kept open to be decided in the appeal pending before respondent No.2. (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 19 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA