- 1 - HC-KAR NC: 2026:KHC-D:1134 WP No. 100354 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.100354 OF 2026 (GM-PDS) BETWEEN: 1. VIVIDHODDHESH PRATHAMIK GRAMEEN KRUSHI SAHAKAR SANGHA NIYAMIT, RADERAHATTI, REPRESENTED BY ITS SECRETARY SHANTESH S/O. SHIVBASSAYYA HIREMATH, AGE. 30 YEARS, OCC. SECRETARY, R/O. RADERAHATTI, AT POST: KALLIGUDDI, TQ. GOKAK, DIST. BELAGAVI-591227. 2. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA KALLIGUDDI, REP. BY IT’S SECRETARY, RANGAPPA S/O. PANDAPPA DALAWAI, AGE. 35 YEARS, OCC. NIL, R/O. KALLIGUDDI-591227, TQ. GOKAK, DIST. BELAGAVI. …PETITIONERS (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY PRINCIPAL SECRETARY, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, VIKASA SOUDHA, AMBEDKAR ROAD, BENGALURU-560001. 2. THE COMMISSIONER, DEPARTMENT OF FOOD, CIVIL Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1134 WP No. 100354 of 2026 SUPPLIES AND CONSUMER AFFAIRS, CUNNINGHAM ROAD, BENGALURU-560052. 3. DEPUTY DIRECTOR OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, OFFICE OF THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-590001. 4. THE TAHASHILDAR, TAHASHILDAR OFFICE, GOKAK, DIST. BELAGAVI-591227. 5. KALLAPPA S/O. RAMAPPA KUDARI, AGE. 46 YEARS, OCC. NIL, R/O. HOUSE NO.51, VTC RADERATTI, TQ. GOKAK, DIST. BELAGAVI-591227. …RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT OF CERTIORARI, THAT THIS HON’BLE COURT BE PLEASED TO QUASHING THE ORDER PASSED BY THE RESPONDENT NO.3 IN BEARING NO. APUVI/NYABEAM/ANUKAMPA/VINIDI-58/2024-25 DATED 24-12-2025 AT VIDE ANNEXURE-J, BY ALLOWING THE PRESENT WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. 2. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, QUASHING THE IMPUGNED ENDORSEMENT BEARING NO.£ÀA:D¥ÀÆ«/£Áå¨ÉCA/C£ÀÄPÀA¥À/«¤¢-58/2024-25 DATED 24-12-2025, VIDE AT ANNEXURE-K, PASSED BY THE 3RD RESPONDENT, WHEREBY THE APPLICATION FILED BY RESPONDENT NO.5 HAS BEEN ALLOWED AND THE FAIR PRICE SHOP LICENCE HAS BEEN GRANTED IN HIS FAVOUR, IN THE INTEREST OF JUSTICE AND EQUITY. 3. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, TO THE RESPONDENT TO CONSIDER THE APPLICATION AND GRANT LICENCE TO THE PETITIONER. PASS SUCH OTHER AND FURTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT TO PASS IN THE FACTS AND CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC-D:1134 WP No. 100354 of 2026 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “ i) Issue a writ of certiorari, that this Hon’ble Court be pleased to quash the order passed by respondent No.3 in bearing £ÀA: D¥ÀÆ«/£Áå¨ÉCA/C£ÀÄPÀA¥À/«¤¢-58/2024-25 dated 24-12-2025 at vide Annexure-J, by allowing the present writ petition in the interest of justice and equity. ii) Issue a writ of certiorari or any other appropriate writ, quashing the impugned endorsement bearing £ÀA: D¥ÀÆ«/£Áå¨ÉCA/C£ÀÄPÀA¥À/«¤¢- 58/2024-25 dated 24-12-2025, vide at Annexure-K, passed by the 3rd respondent, whereby the application filed by respondent No.5 has been allowed and the Fair Price Shop licence has been granted in his favour, in the interest of justice and equity. iii) Issue a writ of certiorari or any other appropriate writ, order or direction, to the respondent to consider the application and grant licence to the petitioner. iv) Pass such other and further orders as this Hon’ble Court deems fit to pass in the facts and circumstances of this case, in the interest of justice and equity.” - 4 - HC-KAR NC: 2026:KHC-D:1134 WP No. 100354 of 2026 2. The facts of the case are that, respondent No.5 was seeking transfer of Fair Price Shop License in his favour on compassionate grounds and when the official respondents failed to consider his case, respondent No.5 had filed WP No.106778/2024 and a co-ordinate Bench of this Court by order dated 21.11.2024 allowed the said writ petition and issued a mandamus directing the respondent No.3 to transfer the Fair Price Shop License in favour of respondent No.5 on compassionate grounds, within four weeks from the date of receipt of the copy of the order. It is the case of the writ petitioners that the respondent No.5 is not eligible to seek transfer of Fair Price Shop License, as he is not fulfilling the eligibility criteria, hence, they had filed WP No.100613 of 2025, which came to be disposed of vide order dated 24.11.2025, whereby a direction was issued to the respondent-State to consider the application of all eligible persons and pass necessary orders in accordance with law within an outer limit of four weeks from the date of receipt of the copy of the order. Now, the impugned order is passed by the official respondents dated 24.12.2025 mentioning the earlier order passed by - 5 - HC-KAR NC: 2026:KHC-D:1134 WP No. 100354 of 2026 co-ordinate Bench of this Court in WP No.106778/2024 referred supra. 3. Learned counsel appearing for the petitioners submits that when respondent No.5 is not eligible, it is not open for the respondents/State to grant him license to run Fair Price Shop. It is submitted that without application of mind, basing on the order passed by a co-ordinate Bench of this Court in WP No.106778/2024 referred supra, the order impugned is passed. 4. Learned AGA appearing for the official respondents submits that in the light of order passed in WP No.106778/2024 dated 21.11.2024, the respondents have transferred the Fair Price Shop License in favour of respondent No.5. It is submitted that when there is an order of this Court, the respondents are bound to consider the same and accordingly, they have implemented. The petitioners have not questioned the order passed in WP No.106778/2024 referred supra and it is submitted that there is no illegality in the impugned order. 5. Having heard the learned counsels on either side, perused the material on record. When an order is passed in WP 106778/2024, issuing a mandamus to the official respondents to transfer the Fair Price Shop License in favour of the respondent - 6 - HC-KAR NC: 2026:KHC-D:1134 WP No. 100354 of 2026 No.5 on compassionate grounds. The petitioners have filed a writ appeal against the said order and the said writ appeal is disposed of in the light of the similar orders passed in some other case. It is submitted that the Division Bench ought to have disposed of the matter on the merits of it. If the petitioners are aggrieved by the order passed in writ appeal, they ought to have filed a review. As long as that order is staring at the petitioners, which is in favour of respondent No.5, the official respondents cannot pass any other order. In that view of the matter, this Court is passing the following: ORDER i) The writ petition is disposed of giving liberty to the petitioners to seek appropriate remedy available to them. ii) All I.A.s in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT: UMD List No.: 1 Sl No.: 35