IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22319 OF 2016 (GM-PDS) BETWEEN:
BALAJI SINGH S/O LATE K. SHANKAR SINGH AGED ABOUT 54 YEARS R/O VADDANAHALLI SIRA TALUK TUMKUR DISTRICT.
(By Mr. H.C. SHIVARAMU, ADV.) AND:
1. THE HON’BLE MINISTER FOR FOOD & CIVIL SUPPLIES GOVERNMENT OF KARNATAKA VIKAS SOUDHA BANGALORE-560001.
2. THE DEPUTY COMMISSIONER (FOOD) TUMKUR DISTRICT TUMKUR-572102.
3. THE THASILDAR SIRA TALUK TUMKUR DISTRICT-572113.
4. THE PACC BANK LIMITED DODDA AGRAHARA VILLAGE SIRA TALUK TUMKUR DISTRICT-572113.
… PETITIONER … RESPONDENTS (By Smt. H.C. KAVITA, LEARNED HCGP FOR R1-R3 Mr. B.L. KUMAR, ADV., FOR R4 (ABSENT)) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 16-10-2015 PASSED BY THE R-1 VIDE ANNEXURE-E1. ISSUE A WRIT OF MANDAMUS TO THE R1 & R3 TO RESTORE THE ENTIRE RATION CARDS IN FAVOUR OF THE PETITIONER & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.H.C.Shivaramu, learned counsel for the petitioner.
Mr.H.C.Kavita, learned High Court Government Pleader respondents 1 to 3.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
i) issue a writ of certiorari or similar writ or order or direction to quash the order dated 16-10-2015 passed by the first respondent in his Order No.Aa Sa/08/ECA/2014 at Annexure- E1.
ii) issue a writ of mandamus to the respondent Nos.2 and 3 to restore the entire ration cards in favour of the petitioner and iii) issue any other appropriate writ or order or direction to the respondents deems fit in the circumstances of the case including payment of cost in the interest of justice and equity.
4. Facts giving rise to the filing of the petition briefly stated are that the petitioner was granted licence to run the Fair Price Shop in the year 1986-87. An order of suspension of licence issued to the petitioner was passed by the Deputy Commissioner on 14.08.2013. Thereafter, a show cause notice was issued to the petitioner on 26.09.2013. The petitioner filed a reply to the aforesaid show cause notice. Thereafter, by order dated 17.01.2014, an order of suspension was revoked by the Deputy Commissioner and the petitioner was directed to deposit a sum of Rs.22,000/- as penalty. However, the matter was taken up in suo motu revision by the revisional authority by an order dated 16.10.2015 and the order of suspension was revoked and the matter was remitted to the Deputy Commissioner to decide the matter afresh. In this background, this petition has been filed.
5. Learned counsel for the petitioner submitted that the revisional authority has proceeded to pass the order on the assumption that the petitioner has admitted the charges leveled against him. On the other hand, learned High Court Government Pleader has supported the order passed by the revisional authority.
6. I have considered the submissions made by the learned counsel for the parties. The material on record was sufficient to enable the revisional authority to decide the revision, which was taken up by it suo motu. Therefore, prima facie there appears to be no justification for remitting matter to the Deputy Commissioner. The impugned order is therefore, quashed and set aside and the revisional authority is directed to decide the suo motu proceedings initiated against the petitioner by it afresh after affording an opportunity of hearing to the petitioner by a speaking order.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS