IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 4064 OF 2020 (GM-PDS)

BETWEEN:

SRI KONDAPPA S/O SRI RAMAKRISNAPPA DEAD BY LEGAL HEIRS OF PETITIONER

1. SMT. BAYYAMMA W/O LATE KONDAPPA AGED ABOUT 70 YEARS.

2. SHRI ANJINAPPA S/O LATE KONDAPPA AGED ABOUT 53 YEARS BOTH ARE R/AT BUDGAVARAHALLI VILLAGE, Digitally signed by ARUNKUMAR M S DIMBARAHALLI MAJIRE Location: HIGH SADALI HOBLI, SIDDALAGHATTA TALUK COURT OF CHIKKABALLAPURA DISTRICT.

KARNATAKA

3. SMT. ASHWATHAMMA W/O VENKATESHAPPA AGED ABOUT 55 YEARS R/AT BOORAGAMAKANAHALLI VILLAGE CHINTAMANI TALUK.

…PETITIONERS (BY SRI. RAGHAVENDRA M, ADVOCATE FOR SRI. KALYAN R., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPLE SECRETARY FOOD AND CIVIL SUPPLIES AND LEGAL METROLOGY DEPARTMENT VIKASA SOUDHA, BANGALORE-560001.

2. THE SECRETARY AND REVISIONAL AUTHORITY DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS VIKAS SOUDHA, BANGALORE-1.

3. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES CUNNINGHAM ROAD, BANGALORE-560054.

4. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA -562 101.

5. THE TAHASILDAR SIDLAGHATTA TALUK CHIKKABALAPURA DISTRICT-562101.

…RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.02.2019 IN CASE NO. RP AANASA 10 ECA 2018 PASSED BY THE R-2 AND CONSEQUENTLY TO QUASH THE IMPUGNED ORDER DATED 12.10.2017 IN APPEAL NO. CFS:APPEAL:170:2015-16 PASSED BY THE R-3 AND ORDER DATED 16.11.2015 IN CASE NO.

ECA/CR/1/2015-16 PASSED BY THE DEPUTY COMMISSIONER,CHIKKABALLAPURA DISTRICT AS PER NANX-

A, B AND C TO THE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

In this writ petition, the petitioner is assailing the order dated 03.02.2019 (Annexure-A) issued by the respondent No.2, and order dated 12.10.2017 in Appeal No.170 of 2015-16 (Annexure-B) passed by the respondent No.3, as well as the order dated 16.11.2015 (Annexure-C) passed by the respondent No.3.

2. Heard the learned counsel appearing for the parties.

3. It is the case of the petitioner that respondent-authorities have granted license to the petitioner to run a Fair Price Depot, for distribution of essential commodities as per Annexure-D. It is forthcoming from the writ petition that, the Food Inspector, at the instance of respondent No.4, on enquiry, came to know that the petitioner is charging additional price in the Fair Price Depot, and in this regard, the respondent No.4 has framed charges against the petitioner. The respondent No.5, has intimated the same to the respondent No.4 as per letter dated 03.03.2015 (Annexure-F). In this regard, proceeding was initiated against the petitioner, before the respondent No.4, ultimately the order passed by the original authority was confirmed by all the respondent-authorities in this writ petition.

4. Taking into consideration the grievance of the petitioner, as the fair opportunity has not been extended to the petitioner, and therefore, I find force in the submission made by the learned counsel for the petitioner that, the matter requires to be remitted to the original authority for conducting fresh enquiry after affording opportunity of hearing to the petitioner. It is also pertinent to mention here that, the respondent No.4 has conducted the enquiry, however, the original authority under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 and 2016, is the Authorizing Officer- Deputy Director of Food and Supplies is required to conduct enquiry against the petitioner. In that view of the matter, the matter is remanded to the aforementioned Authorized Officer to conduct enquiry and take decision in the matter in accordance with law after affording opportunity to the petitioner. With this observ