Smt. H C Sakamma Vs the Deputy Commissioner and… — Writ and Judicial Review | Karnataka HC (2025)

Smt. H C Sakamma Vs the Deputy Commissioner and… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of; petitioner relegated to appeal under Order 17 of the Act before the Deputy Commissioner against the order at Annexure - H1, to be filed within four weeks of receipt of the order; the appeal to be entertained and the order at Annexure - H1 to remain stayed till the Deputy Commissioner considers the plea for interim relief.

Issue for consideration

Whether the petitioner, aggrieved by the order at Annexure - H1, should be relegated to the remedy of appeal under Order 17 of the Act before the Deputy Commissioner, given the submission that the Deputy Commissioner has not been entertaining appeals and considering interim relief expeditiously.

Court's answer

The petition is disposed of, relegating the petitioner to avail of the remedy of appeal under Order 17 of the Act before the Deputy Commissioner as against the order at Annexure - H1.

Ratio / Principle

The petitioner is to file the appeal within a period of four weeks from the date of receipt of the order.

Key takeaways

The appeal is to be entertained, and the order at Annexure - H1 would remain stayed till the Deputy Commissioner considers the plea for interim relief sought by the petitioner.ratio¶31

Detailed headnote1 paragraphs

Writ Petition (GM-PDS) under Article 226 of the Constitution of India by the owner of Fair Price Depot Shop No. 100, Shimoga, calling in question the order dated 31.05.2025 at Annexure - H1 passed by the second respondent (Joint Director for Food and Civil Supplies, Shimoga District) in No. RPR/CR-31/2020-21. On the submission that although an appeal lies under Order 17 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 before the Deputy Commissioner, the Deputy Commissioner has not been entertaining appeals or considering interim relief expeditiously, the Court disposed of the petition, relegating the petitioner to file an appeal before the Deputy Commissioner within four weeks of receipt of the order; the appeal is to be entertained and the order at Annexure - H1 remains stayed till the Deputy Commissioner considers the plea for interim relief.

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NC: 2025:KHC:24027 WP No. 18645 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

WRIT PETITION NO. 18645 OF 2025 (GM-PDS)

BETWEEN:

SMT. H.C. SAKAMMA, AGED ABOUT 66 YEARS, W/O.LATE B.G.RAJASHEKARAPPA, OWNER OF FAIR PRICE DEPOT, SHOP NO.100, RESIDING AT AMMA NILAYA, NEAR ANNAPOORNESHWARI TEMPLE, 'G' BLOCK, ASHRAYA LAYOUT, BOMMANAKATTE, SHIMOGA TOWN, SHIMOGA TALUK AND DISTRICT-577 204.

…PETITIONER

(BY SRI. SHIVARAMU H.C., ADVOCATE)

Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA

AND:

THE DEPUTY COMMISSIONER AND APPELLATE AUTHORITY, SHIMOGA DISTRICT, SHIMOGA - 577 201.

THE JOINT DIRECTOR FOR FOOD AND CIVIL SUPPLIES, SHIMOGA DISTRICT, SHIMOGA 577 201.

…RESPONDENTS

(BY SMT.K.P.YASHODHA., LEARNED AGA)

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NC: 2025:KHC:24027 WP No. 18645 of 2025

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 31.05.2025 PASSED BY THE SECOND RESPONDENT IN NO. RPR/CR-31/2020-21 AT ANNEXURE - H1 AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

The petitioner submits that, the benefit of stay of the order of suspension till the date on which the order at Annexure - G has been passed.

It is submitted that the matter is remitted for reconsideration and till such time as the final decision is still to be taken, the interim order is required to be in operation till the disposal of the proceedings as envisaged by the order at Annexure - G.

The petitioner has called in question the validity of the order at Annexure - H1. It is the case of the petitioner that though the appeal lies under Order 17 of the Karnataka

3 - NC: 2025:KHC:24027 WP No. 18645 of 2025

HC-KAR

Essential Commodities (Public Distribution System) Control Order, 1992 (for short 'The Act'), the Deputy Commissioner has not been entertaining the appeals and considering the interim relief expeditiously.

Taking note of the said submission, petition is disposed off , relegating the petitioner to avail of remedy of appeal under Order 17 of the Act before the Deputy Commissioner as against the order at Annexure - H1. In the event, petitioner has to file an appeal within a period of four weeks from the date of receipt of the order. The appeal to be entertained and the order at Annexure - H1 would remain stayed, till the Deputy Commissioner considers the plea for interim relief that would be sought by the petitioner.

Accordingly, petition is disposed off .

Sd/(S SUNIL DUTT YADAV) JUDGE

SHS List No.: 1 Sl No.: 17