Dismissed¶54

Sri Tippaiah Shetty v. State of Karnataka

Karnataka HC4 Feb 2025WP/25386/2017

Case brief

AI extract

What is this about?

Karnataka High Court writ petition dismissed; challenge to Karnataka Government Notification dated 20.05.2017 (Annexure-D); Food and Civil Supplies / Legal Metrology; Articles 226 and 227 Constitution of India; reliance on co-ordinate Bench decision in W.P.Nos.13559/2020 upholding notification; fifteen petitioner traders/stores of Bangalore; respondent State of Karnataka, Commissioner and Deputy Director Food and Civil Supplies; Judge Jyoti Mulimani; decided 04-02-2025; GM-EC; no costs or damages awarded.

What did the court decide?

Since the Government Notification (Annexure-D) had been upheld by the co-ordinate Bench of this Court in W.P.Nos.13559/2020 along with connected matters, the relief sought by the petitioners could not be considered in this Writ Petition. ¶52

Sri Tippaiah Shetty Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:5055 WP No. 25386 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 25386 OF 2017 (GM-EC)

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BETWEEN:

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SRI TIPPAIAH SHETTY S/O S.HANUMANTAIAH SHETTY, AGED ABOUT 71 YEARS, NO.25/1, 8^TH CROSS, 1^ST STAGE, 1^ST PHASE, GOKULA LAYOUT, BANGALORE NORTH, BANGALORE-560 054.

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UMA DEVI R.N. W/O E.M.KRISHNAN, AGED ABOUT 67 YEARS, NO.25, M.S.R.BUILDING, 2^ND CROSS, GOKUL, BANGALORE-560 096. BLN NO.074.

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Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka

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M/S. GANESHA STORE REP BY ITS PROP. SRI.N.SUBRAMANYA, AGED ABOUT 67 YEARS, NO.41, 4^TH CROSS, MUNESHWARA BLOCK, PALACE GUTTAHALLI, BANGALORE-560 003. BLN NO.111.

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VARALAKSHMI STORES, REP BY ITS PROP, R.VARALAKSHMI, W/O SHANKARE GOWDA.J, AGED ABOUT 30 YEARS,

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2 - NC: 2025:KHC:5055 WP No. 25386 of 2017

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NO. 1^ST MAIN, 1^ST CROSS, VIJAYANANDANAGAR, NANDINILAYOUT BANGALORE-560 096. BLN NO.027.

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SYED RAZAK AGED ABOUT 54 YEARS, S/O LATE SYED HUSSAIN, R/AT NO.13, RMV 2^ND STAGE, BOOPANSANDRA, SANJAYANAGAR POST, BANGALORE-560 094. BLN N-231.

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ANURADHA STORES REP BY ITS PROP, M.JANARDHAN, S/O M.MUNIVENKATASWAMY, AGED ABOUT 75 YEARS, NO.88, 8^TH CROSS, MALLESHWARAM, BANGALORE-560 003. BLN NO.100.

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SRI. RAMAIAH S/O LATE NARAYANAPPA, AGED ABOUT 73 YEARS, NO.63, 5^TH CROSS, KANAKANAGAR, BANGALORE NORTH, BANGALORE-560 032. BLN NO.056.

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VENKATESHWARA STORES REP BY ITS PROP. SRI. UDAYA SHANKAR.S.V., AGED ABOUT 48 YEARS, NO.16, 4^TH A CROSS, SUBEDAR PALYA, YESHWANTHAPURA, BANGALORE-560 022. BLN NO.031.

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SRI. ABDUL WAZID S/O ABDUL MATHEEN,

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3 - NC: 2025:KHC:5055 WP No. 25386 of 2017

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AGED ABOUT 68 YEARS, NO.39, 1^ST CROSS, 1^ST MAIN, KHB MAIN ROAD, VIJAYA BHARATHI SCHOOL, BHUVANESHWARI NAGAR, RT NAGAR, BANGALORE-560 032. BLN NO.063.

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DAKSHAYANI STORES REP BY ITS PROP., S.C.SHANKARANARAYANA, S/O LATE CHANNAIAH, AGED ABOUT 58 YEARS, NO.921, 3^RD MAIN, GOKULA, DIVANARAPALYA, YESHWANTHPURA, BANGALORE NORTH-560 022. BLS NO.076.

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GANESH STORES REP BY ITS PROP., SMT. BALAMANI, W/O BHIMAYYA, AGED ABOUT 72 YEARS, NO.519/A, 14^TH MAIN ROAD, GOKUL 1^ST PHASE, MATTHIKERE, BANGALORE-560 054. BLN NO.024.

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MAHALAKSHMI STORES REP BY ITS PROP., H.R.SATHYANARAYANA GUPTA, S/O RAMASWAMY SHETTY, AGED ABOUT 69 YEARS, NO.1^ST MAIN ROAD, K.N.LAYOUT, BANGALORE NORTH-560 022. BLN NO.020.

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SRI.E.A.KRISHNAMURTHY S/O ANANTHAIAH, AGED ABOUT 75 YEARS, NO.97/83, RAGHAVENDRA COLONY,

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4 - NC: 2025:KHC:5055 WP No. 25386 of 2017

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M.S.PALYA, BANGALORE NORTH-560 097. BLN NO.013.

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SMT. S.VIJAYA KUMARI W/O LATE SUNDAR RAJAN, AGED ABOUT 51 YEARS, NO.36, MUNESHWARA LAYOUT, YELAHANKA, AVALAHALLI, BANGALORE-560 064. BLN NO.150.

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GEETHA STORES W/O GANAMURTHY, AGED ABOUT 52 YEARS, NO.14/81, VINAYAKA STREET, VENKATESHPURAM, BANGALORE NORTH-560 045. BLN NO.185.

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…PETITIONERS

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(BY SRI.NAGARAJA N.NAIDU., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY ITS SECRETARY, FOOD AND CIVIL SUPPLIES CONSUMER AFFAIRS, LEGAL METROLOGY DEPARTMENT. VIKASA SOUDHA, BANGALORE-560 001.

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THE COMMISSIONER, FOR FOOD AND CIVIL SUPPLIES, CUNNIGHAM ROAD, BANGALORE-560 052.

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DEPUTY DIRECTOR, FOR FOOD AND CIVIL SUPPLIES, MALLESHWARAM, BANGALORE-560 022.

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…RESPONDENTS

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(BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO 3)

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NC: 2025:KHC:5055 WP No. 25386 of 2017

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.Mahantesh Shettar., AGA for respondents 1 to 3 has appeared in person.

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The impugned Notification dated:20.05.2017

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passed by the Government of Karnataka vide Annexure-D is called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition.

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Heard the arguments and perused the writ papers

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with care.

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AGA on instructions submits that the co-ordinate Bench of this Court in W.P.Nos.13559/2020 along with connected matters has upheld the Government Notification. AGA therefore submits that an appropriate order may be passed.

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