IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION No.9867/2019 (GM-EC) BETWEEN:
B.S. VENKATESH S/O SHESHACHALAPATHY AGED ABOUT 40 YEARS, R/AT NO.117, 2ND STAGE 3RD CROSS, OKALIPURAM BANGALORE-560 021 ... PETITIONER (BY SHRI. SHREERAM T. NAYAK, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLIES VIDHANA SOUDHA, BANGALORE-01 2. KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LTD REPRESENTED BY ITS MANAGING DIRECTOR, NO.16/1, TANK BED MILLER’S AREA VASANTHANGAR, BANGALORE-52 3. THE COMMISSIONER KARNATAKA FOOD AND CIVIL SUPPLIES DEPARTMENT, CUNNIGAHAM ROAD, VASANTHNAGAR BANGALORE-52 4. SECRETARY FOOD CIVIL SUPPLIES KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION PVT LTD., NO.16/1, TANK BED MILLERS AREA VASANTHNAGAR, BANGALORE-52 5. SECRETARY, FINANCE DEPT AND DIRECTOR KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION PVT LTD., NO.16/1, TANK BED MILLERS AREA VASANTHNAGAR, BANGALORE-52 ... RESPONDENTS (BY SHRI. D. NAGARAJ, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 21.05.2018 ISSUED BY R-4 TO CLOSE THE GOVERNMENT RUN FAIR PRICE SHOP VIDE ANNEXURE-B AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY THIS DAY, ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:-
O R D E R Petitioner claims to be a journalist by profession and Editor of Kannada Weekly namely ‘Aahara Mattu Sarabaraju Vaarthe’. He has filed this writ petition in public interest challenging Government Order No.D£Á¸À/17/Dgï¦Dgï /2011(1) dated 21.05.2018 and consequential Circular issued by the Commissioner for Food and Civil Supplies, Bengaluru dated 29.07.2018.
2. Shri.Shreeram T.Nayak, learned Counsel for the petitioner submits that the State Government by order dated 21.05.2018 have accepted the proposal sent by the Managing Director, KFCSC to free them from 113 Fair price shops and advertise to facilitate Societies and individuals to run Fair price shops. Consequently, the Commissioner of Food and Civil Supplies has issued Circular dated 29.07.2018 to make alternative arrangements as stated in the Circular.
3. In substance, the decision taken by the State Government to distribute food grains through Societies and private agencies is called in question in this writ petition.
4. Learned Counsel for the petitioner submits that if food grains are permitted to be distributed through private agencies, there is a possibility of mismanagement and black marketing.
5. Shri. D.Nagaraj, learned AGA for the Government submits that since the Fair price shops run by KFCSC were running in loss, the proposal was sent to the Government and now alternative arrangements shall be made. He submits that it is a policy decision of the State and this writ petition is filed based on petitioner’s apprehension.
6. We have carefully considered the submissions of learned Counsel for the petitioner, learned AGA and perused the records.
7. The Circular issued by the Commissioner for Food and Civil Supply shows that the Fair price shops were running in loss. The State Government have accepted the proposal sent by the Managing Director of KFCSC and are making alternative arrangements for supply of food grains through Societies and individuals. This petition is filed apprehending mismanagement. Learned AGA is right in his submission that it is a policy matter. No material is placed to substantiate petitioner’s apprehension. Therefore, we find no ground to interfere.
Petitioner shall be at liberty to challenge, if any mismanagement is found in distribution of food grains.
Resultantly this appeal fails and it is accordingly dismissed.
Sd/-
ACTING CHIEF JUSTICE SPS Sd/- JUDGE