IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 12^TH DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE S G PANDIT

AND

THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO.100709 OF 2025 (GM-PDS)

BETWEEN:

THE SECRETARY/PRESIDENT,

KASHILINGESWAR MULTI PURPOSE

SOUHARDA CO-OPERATIVE SOCIETY,

PALAM BHAVI,

TQ. RAIBAG,

DIST. BELAGAVI-591317.

…APPELLANT

(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)

VISHAL

NINGAPPA PATTIHAL

D VI i S gi H ta A ll L y N si I g N n G ed A P b P y A AND:

PATTIHAL

Location: HIGH COURT

OF KARNATAKA DHARWAD BENCH

1. THE DEPUTY COMMISSIONER,

APPELLATE AUTHORITY,

BELAGAVI,

AT. BELAGAVI,

DIST. BELAGAVI-591317.

2. THE JOINT DIRECTOR,

O/O THE DEPUTY COMMISSIONER,

FOOD AND CIVIL SUPPLIES, MAHANTESH NAGAR, BELAGAVI, AT. BELAGAVI, TQ. BELAGAVI, DIST. BELAGAVI-590017.

3. THE TAHASILDAR RAIBAG, TQ. RAIBAG, DIST. BELAGAVI.

DEPARTMENT, BAGALKOT, AT. BAGALKOT, DIST. BAGALKOT-591317.

4. KRISHNA, S/O SUKHADEV KAMBLE, AGE. 26 YEARS, OCC. AGRICULTURE, R/O. PALAN BHAVI, TQ. RAIBAG, DIST. BELAGAVI-591235.

…RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R3 SRI. SABEEL AHAMAD, ADVOCATE FOR SRI. D.V. PATTAR, ADVOCATE FOR C/R4)

THIS WRIT APPEAL IS FILED UNDER SEC.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET-ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.102238/2024 DECIDED ON 28/08/2025 AND TO DISMISS THE WRIT PETITION BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

Respondent No.4 before the learned Single Judge is in appeal filed under Section 4 of the Karnataka High Court, 1961, questioning the correctness or otherwise of the order dated 28.08.2025 in W.P. No.102238/2024 passed by the learned Single Judge, whereunder, the authorization to run fair price shop at Palambhavi Village, Raibag Taluk, is quashed, with a direction to issue licence to the petitioner in accordance with the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 (for short, ‘the Control Order, 2016’). 2. Parties hereinafter would be referred to as per their rankings before the learned Single Judge.

3. Respondent No.2, under notice dated 22.11.2022 (Annexure-B), invited applications for grant of licence to run a fair price shop at Palambhavi Village, Raibag Taluk. In pursuance of the said notice, the petitioner as well as respondent No.4, and others submitted applications. Respondent No.2 found that respondent No.4 was eligible, and under Annexure-G dated 10.01.2023, granted fair price shop licence to respondent No.4, the appellant herein, on certain conditions. It is submitted that respondent No.4, in pursuance of the same, is running a fair price shop at Palambhavi Village, Raibag Taluk. The said grant of licence to run fair price shop was challenged before the appellate authority (the Deputy Commissioner) by the petitioner, and the Deputy Commissioner dismissed the appeal of the petitioner. Against the rejection of the appeal as well as grant of licence in favour of respondent No.4, the petitioner was before this Court in the above stated writ petition. The learned Single Judge, under impugned order, allowed the writ petition, set aside the authorization granted in favour of respondent No.4 solely on the ground that under Rule 6 of the Control Order, 2016, a Souharda Co-operative Society i.e., respondent No.4 does not fall within the purview of classification in Rule 6(1)(b)(ii). It is also noticed that the learned Single Judge has directed issuance of licence to the petitioner. Questioning the said order of the learned Single Judge, respondent No.4 is in appeal.

4. Heard Sri. Shivaraj P.Mudhol, learned counsel for respondent No.4-Society, Sri. Sharad V.Magadum, learned Additional Government Advocate for respondent No.1 to 3, and Sri.Sabeel Ahamed, learned counsel for t