Citation : 2026 Latest Caselaw 2710 Kant
Judgement Date : 26 March, 2026
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NC: 2026:KHC-K:2720
WP No. 201276 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201276 OF 2026 (GM-EC)
BETWEEN:
RAJASHEKHAR
S/O G. DODDAPPA,
AGED ABOUT 44 YEARS,
OCC: FAIR PRICE SHOP NO.6 DEALER,
R/O TURAVIHAL,
TQ. SINDHANOOR,
DIST. RAICHUR-584132.
...PETITIONER
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
AND:
Digitally signed by
NIJAMUDDIN
JAMKHANDI 1. THE DEPUTY COMMISSIONER,
Location: HIGH FOOD AND CIVIL SUPPLIES,
COURT OF
KARNATAKA RAICHUR- 584101.
2. THE DEPUTY DIRECTOR
OF FOOD AND CIVIL SUPPLIES,
RAICHUR DISTRICT,
RAICHUR- 584101.
3. THE TAHASILDAR,
SIDHANUR TALUK,
SIDNHANUR-584128.
4. THE FOOD SHERISTEDAR,
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WP No. 201276 of 2026
HC-KAR
TAHASILDAR OFFICE,
SINDHANUR- 584128.
...RESPONDENTS
(BY SRI SHESHADRI JAISHANKAR M., AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED ORDER ¸ÀASÉå:DºÁgÀ/£Áå¨ÉCA/¹Dgï-71/2025-26 DATED
16.03.2026 AT ANNEXURE-H PASSED BY THE RESPODNENT
NO.2. B) PASS SUCH OTHER ORDERS OR DIRECTIONS AS THIS
HONOURABLE COURT DEEMS JUST AND PROPER UNDER THE
FACTS AND CIRCUMSTANCES OF THE CASE AND ALLOW THIS
WRIT PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition under Articles 226 & 227 of the
Constitution of India is filed seeking for the following reliefs:
(i) Issue a writ in the nature of Certiorari to quash the impugned order ¸ÀASÉå:DºÁgÀ/£Áå¨ÉCA/¹Dgï-71/2025-
26 dated 16.03.2026 at Annexure-H passed by the
Respondent No.2.
(ii) Pass such other orders or directions as this Hon'ble Court deems just and proper under the facts
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HC-KAR
and circumstances of the case and allow this writ petition, in the interest of justice.
2. Heard the learned counsel for the parties.
3. The petitioner is authorized to run a fair price
shop in Shop No.6 at Turavihal village, Tq. Sindhanur,
district Raichur. On the allegation that, the excess food
grains were stocked n the fair price shop of the petitioner,
the impugned order at Annexure-H is passed by the
respondent No.2 herein, suspending the licence/authorization
of the petitioner to run the fair price shop pending enquiry as
provided under Rule 12(2) of the Karnataka Essential
Commodities (Public Distribution System) Control Order,
2016. Assailing the said order at Annexure-H, dated
16.03.2016, the petitioner is before this Court.
4. Rule 17 of the Karnataka Essential Commodities
(Public Distribution System) Control Order, 2016, provides
for filing an appeal as against the order at Annexure-H.
5. Under similar circumstances, this Court in
W.P.No.201116/2025 disposed of on 22.04.2025 has
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HC-KAR
relegated the party to file an appeal before the competent
authority and in the meanwhile, for a limited period, the
order of suspension was stayed.
6. Under the circumstances, I am of the opinion
that, this writ petition is required to be disposed of in terms
of the order passed by the co-ordinate Bench of this Court in
W.P.No.201116/2025, disposed of on 22.04.2025.
7. Accordingly, the following:
ORDER
(i) The writ petition is disposed of with
liberty to the petitioner to approach the appellate
authority assailing the impugned order at
Annexure-H;
(ii) Operation of the impugned order at
Annexure-H issued by respondent No.2 dated
16.03.2026 stands suspended for a period of four
weeks from today;
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HC-KAR
(iii) On submission of the appeal, the
appellate authority shall decide the appeal on
merits without being influenced by any of the
observations that are made by this Court in this
order;
(iv) Pending I.A.No.1/2026 does not survive
for consideration, accordingly the same is
dismissed.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE
SVH List No.: 1 Sl No.: 10 Ct:pk
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