THE HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM
THE MILK PRODUCERS CO-OPERATIVE SOCIETY – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 2825/2026
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NC: 2026:KHC:17256 WP No. 2825 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026
BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.2825 OF 2026 (GM-PDS)
BETWEEN:
THE MILK PRODUCERS CO-OPERATIVE SOCIETY
KYADIGUNTE VILLAGE SIDDESWARANA DURGA POST
PARUSHARAMPURA HOBLI CHALLAKERE TALUK
CHITRADURGA DISTRICT- 577538 REP BY ITS SECRETARY
SRI.PRASHANTHA D …PETITIONER
(BY SRI.PUTTARAJA C P, ADVOCATE)
Digitally AND:
signed by CHAITHRA A
1. STATE OF KARNATAKA Location:
REPRESENTED BY ITS HIGH COURT OF PRINCIPAL SECRETARY
KARNATAKA DEPARTMENT OF FOOD AND CIVIL SUPPLIES GROUND FLOOR
VIKAS SOUDHA BENGALURU - 560 001
2. THE JOINT DIRECTOR DEPARTMENT OF FOOD AND CIVIL SUPPLIES
CHITRA DURGA DISTRICT CHITRA DURGA - 577501
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3. THE THASILDAR CHALLAKERE TALUK
CHALLKERE CHITRADURGA DISTRICT - 577538
…RESPONDENTS (BY SMT.AMARAVATHY H.R, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.2 AND NO.3 TO CONSIDER FOR ISSUANCE OF LICENSE TO RUN THE FAIR PRICE DEPO AS ANNEXURE- F AND G, FILED BY THE SECRETARY OF THE PETITIONER SOCIETY DATED
03.11.2025 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned writ petition is filed seeking a direction
against respondent Nos.2 and 3 to issue a license to run
Fair Shop Depot.
2. Heard learned counsel for the petitioner and
learned AGA. Perused the records.
3. Respondent No.2 invited applications pursuant to
Government Order No.FPS/17/RPR2011(1), Bangalore
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dated 10.06.2016, as amended on 21.05.2018, for grant of authorization to run a Fair Price Shop at Kyadigunte Village, Parashurampura Hobli, Challakere Taluk, Chitradurga District. The petitioner, along with five other applicants, submitted applications in response to the said
notification.
4. Upon consideration and screening of the
applications, the competent Authority initially granted authorization in favour of the petitioner. However, the said authorization came to be cancelled subsequently, which constrained the petitioner to approach this Court in W.P.No.9029/2025. This Court, having found that the cancellation was in gross violation of the principles of natural justice, set aside the said order and directed the Authorities to reconsider the matter with reference to
priority and pass appropriate orders.
5. The grievance of the petitioner in the present
petition is that, though pursuant to the order of this Court
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(Annexure-E), the Authorities have once again issued authorization in favour of the petitioner, the consequential license has not been issued till date. It is contended that despite the matter attaining finality, respondent No.2 has failed to complete the process by issuing the license, thereby compelling the petitioner to once again approach
this Court.
6. Learned Additional Government Advocate, on
instructions, fairly submits that the authorization has already been issued in favour of the petitioner and that the license would be issued in due course. The said submission
is placed on record.
7. This Court is of the considered view that once
authorization is granted, the Authorities are under a statutory obligation to complete the process by issuing the license within a reasonable time. Any inaction or delay on the part of the Authorities, particularly after issuance of
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authorization and in the face of a prior order of this Court,
cannot be countenanced.
8. It is trite that statutory authorities entrusted with
public duties are expected to act with promptitude and diligence. Any display of administrative lethargy or inaction defeats the very purpose of welfare schemes and compels citizens to a
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