Shri Shivappa S/O Basavanneppa Koppadganiger S/O Basavanneppa Koppadganiger Vs Government of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO, CALL FOR RECORDS AND PROCEEDINGS OF RESPONDENT NO.3 PERTAINING TO THIS CASE AND EXERCISE THE JURISDICTION UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA AND ISSUE, ISSUE A WRIT OF CERTIORARI QUASHING THE ANNEXURE-A BEARING NO. J¸ïAiÀÄÄ¦/«ªÀ135+418/2022-23dated 05.02.2024 PASSED BY RESPONDENT NO.3 REJECTING THE APPLICATION OF THE PETITIONER IN THE INTEREST OF JUSTICE. ISSUE A WRIT OF MANDAMUS TO RESPONDENT NO.3 TO CONSIDER THE APPLICATION OF THIS PETITIONER ANNEXURE-B DATED 28/3/2023 AND RENEW THE LICENSE AND ETC.,

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NC: 2025:KHC-D:9291 WP No. 102099 of 2024

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HC-KAR

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioner is before this Court seeking for the following reliefs:

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Call for records and proceedings of respondent no.3 pertaining to this case and exercise the jurisdiction under articles 226 and 227 of constitution of india and issue,

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A) Issue a writ of certiorari quashing the Annexure-A bearing no. J¸ïAiÀÄÄ¦/«ªÀ-135+418/2022-23 dated 05.02.2024 passed by respondent no.3 rejecting the application of the petitioner in the interest of justice.

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B) Issue a writ of Mandamus to Respondent no.3 to consider the application of this petitioner Annexure-B dated 28/3/2023 and renew the license.

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C) Issue any such other orders or directions as the Hon’ble court deems fit and proper in the nature circumstances of the case in the interest on justice and equity.

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The grievance of the petitioner is that the petitioner has been supplying food grains in terms of the Essential Commodities (Public Distribution System) Control Order, 1992 (hereinafter referred to as ‘Rules’) for the last 20 years and on an application

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3 - NC: 2025:KHC-D:9291 WP No. 102099 of 2024

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HC-KAR

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made by petitioner for renewal of the authorization, the same has not been considered and it is in this background that the petitioner is seeking for the aforesaid reliefs.

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It is not in dispute that the petitioner has been distributing food grains for 20 years. The license having expired, the learned AGA submits that given 6 weeks time, a paper publication would be taken inviting applicants for the purpose of distribution of food grains in Ganjigatti, Kalghatagi taluk and the same would answer the grievance of the petitioner inasmuch as the petitioner would take part in the said application process by submitting his application as regard to the advertisement taken out by respondent and if successful the petitioner could be awarded the authorization.

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