Karnataka High Court
WP/29777/2026 of SRI GOPINATH Vs THE STATE OF KARNATAKA on 23 September 2026
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
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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.
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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
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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
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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'
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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
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petitioners be afforded another opportunity to prosecute the appeal pending before respondent No.2.
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
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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