- 1 - HC-KAR NC: 2026:KHC:52 WP No. 37792 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 37792 OF 2025 (GM-PDS) BETWEEN: SRI. NATARAJSHASTRY S/O H BALAKRISHNASHASTRY, AGED ABOUT 61 YEARS, FAIRPRICE SHOP NO.16384-22, BAPUJINAGAR, SHIMOGA-577201. …PETITIONER (BY SRI. SIDDAPPA B M.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:52 WP No. 37792 of 2025 2. THE DEPUTY DIRECTOR-CUM- COMPETENT AUTHORITY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201. …RESPONDENTS (BY SRI.SIDHARATH BABU RAO., AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUITON OF INDIA PRAYING TO A) WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE ORDER PASSED BY THE SECOND RESPONDENT NO.2 IN CASE NO.RPR/CR- 07/2021-22 DATED 2-8-2025 PRODUCED AS ANNEXURE-E TO THE WRIT PETITION; THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:52 WP No. 37792 of 2025 ORAL ORDER The petitioner has authorization to operate a Fair Price Shop No.16384-22 at Bapujinagar, Shivamogga. The petitioner is aggrieved by the second respondent's order dated 02.08.2025 [Annexure-E]. The second respondent, by this order has cancelled the petitioner's authorisation in No.03/2017-18 and forfeited security deposit of Rs.10,000/- with directions to the petitioner to deposit a further sum of Rs.19,707/-. 2. Sri B M Siddappa, the learned counsel for the petitioner, taking this Court through the antecedent circumstances, submits that the petitioner was constrained to approach this Court with the writ petition in WP No.16616/2021 when a similar order was passed by the second respondent and that this Court has intervened quashing the second respondent's order restoring the proceedings - 4 - HC-KAR NC: 2026:KHC:52 WP No. 37792 of 2025 to the Deputy Commissioner, Shivamogga [the first respondent] to reconsider the petitioner's appeal. 3. As regards the cause for the present petition, the learned counsel submits that after this Court's order dated 16.12.2022 in the writ petition in W.P. No.16616/2021, the Deputy Commissioner has restored the matter to the second respondent once again for consideration and that the second respondent has reiterated the findings notwithstanding the fact that the criminal proceedings against the petitioner on the allegation that he has illegally accessed the credentials and logged in to show supply of rice and wheat has ended in a 'B' report. 4. Sri Sidharth Babu Rao, a learned Additional Government Advocate, who is permitted to accept notice for respondents, is heard in the light of this grievance, and the learned Additional Government Advocate submits that the petitioner, - 5 - HC-KAR NC: 2026:KHC:52 WP No. 37792 of 2025 has the benefit as appellate remedy under Clause-17 of the Karnataka Essential Commodities [Public Distribution System] Control Order, 1992 [for short, 'the Control Order'], and that the petitioner must avail such appellate remedy against the second respondent's order. In rejoinder, Sri B M Siddappa submits that the petitioner's remedy under Clause-17 of the Control Order may not be efficacious because the Deputy Commissioner, while restoring the matter to the second respondent for reconsideration, has prejudged the allegations against the petitioner. 5. The first respondent's order dated 10.06.2024 is perused in the light of the grievance, and this Court is of the opinion that the first respondent has not prejudged the issue, and therefore, the petitioner must avail remedy under Clause-17 of the Control Order. However, this Court must hasten to add that if in the event the petitioner avails the appellate remedy under Clause-17 of the - 6 - HC-KAR NC: 2026:KHC:52 WP No. 37792 of 2025 Control Order, the first respondent must consider the petitioner's case against the decision to cancel the authorisation not only in the light of the outcome in the criminal proceedings but also other grounds that the petitioner may urge and independent of any observation in the order dated 10.06.2024. 6. The next question for this Court's consideration is whether the second respondent's order dated 02.08.2025 must be given effect to when this petition is being disposed of with liberty to the petitioner to avail appellate remedy in the light of this Court's observation. This Court is of the view that if the second respondent's order is given effect to, the appellate remedy would be rendered nugatory. Therefore, there must be protection to the petitioner for a reasonable period which would enable the petitioner to prosecute the appeal effectively. As such, the following: - 7 - HC-KAR NC: 2026:KHC:52 WP No. 37792 of 2025 ORDER [a] The petition stands disposed of with liberty to the petitioner, subject to all just exceptions in law, to avail the appellate remedy under Clause-17 of the Control Order observing that if the petitioner avails such remedy, the first respondent [the Deputy Commissioner, Shivamogga] shall consider the petitioner's grievance independent of any observation in the order dated 10.06.2024 in the earlier proceedings. [b] The second respondent's order dated 02.08.2025 [Annexure-E] shall remain suspended for a period of eight [8] weeks from today with liberty to the petitioner to seek continuance of the interim order in the appeal proceedings. Sd/- (B M SHYAM PRASAD) JUDGE AN/-