IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32041/2019 (GM-PDS) BETWEEN:
SMT. ASHA M. R., D/O. LATE K. G. RAMAIYYA, AGED ABOUT 33 YEARS, FAIR PRICE SHOP NO. 66, R/AT MANJUNATHA NAGAR, YESHWANTHPURA HOBLI, BANGALORE NORTH, BANGALORE - 560 073.
(BY SRI. NAGARAJA N. NAIDU, ADV.) AND:
1. THE STATE OF KARNATAKA, ... PETITIONER REPRESENTED BY ITS PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES AND LEGAL METROLOGY DEPARTMENT, VIKASA SOUDHA, BANGALORE – 560 001.
2. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BANGALORE – 560 001.
3. THE JOINT DIRECTOR, FOOD AND CIVIL SUPPLIES DEPARTMENT, BANGALORE URBAN DIST., BANGALORE – 560 001.
4. THE TAHASILDAR, FOR FOOD AND CIVIL SUPPLIES DEPARTMENT, BANGALORE NORTH TALUK, BANGALORE – 560 001.
... RESPONDENTS (BY SRI. V. SHIVA REDDY, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DT:11.7.2019 ISSUED BY THE R-3 PRODUCED AT ANNEXURE-E; DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER ON 31.5.2019 TO THE R-3 VIDE ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Nagaraja N.Naidu, learned counsel for the petitioner.
Sri.Shiva Reddy, learned High Court Government Pleader for the respondents.
2. Petition is admitted for hearing. With the consent of the parties, same is heard finally.
3. In this petition under Articles 226 & 227 of the Constitution of India, the petitioner inter alia seeks for a direction to the respondents to consider the representation dated 31.05.2019 submitted by the petitioner vide Annexure-D.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to respondent No.3 to consider the representation dated 31.05.2019 submitted by the petitioner for transfer of authorization on compassionate basis in accordance with law.
5. On the other hand, learned High Court Government Pleader for the respondents submitted that the representation submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the representation submitted by the petitioner, if not already decided, in accordance with law, by a speaking order, without being influenced by the endorsement dated 11.07.2019 within a period of two months from the date of receipt of certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE PKS