IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.51400/2016 (GM-PDS) BETWEEN:
THE SECRETARY BANASHANKARI II STAGE, CONSUMERS CO-OPERATIVE SOCIETY LIMITED, SHOP NO.135, NO.701, KANAKAPURA MAIN ROAD, BANGALORE-560 070.
(PETITIONER ABSENT) AND:
1. THE JOINT DIRECTOR OF FOOD & CIVIL SUPPLIES, II FLOOR, MARKETING FEDERATION BUILDING, CUNNINGHAM ROAD, BANGALORE-560 052.
2. THE DEPUTY DIRECTOR SOUTH RANGE, BANGALORE URBAN DISTRICT BANGALORE-560 052.
3. THE COMMISSIONER FOR FOOD & CIVIL SUPPLIES MARKETING FEDERATION BUILDING, ... PETITIONER 5TH FLOOR, CUNNINGHAM ROAD, BANGALORE-560 052.
... RESPONDENTS (BY SRI. V .SHIVAREDDY, HCGP FOR R1-R3 ) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.06.2016 PASSED BY THE R-3 VIDE ANNEX-F; QUASH THE IMPUGNED ORDER DATED 17.11.2015 PASSED BY THE R-1 VIDE ANNEX-E AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner.
Mr.V.Shivareddy, Learned High Court Government Pleader for the respondents.
In this writ 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 impugned order dated 23.06.2016 passed by the third respondent in No.CFS/Appeal/149/2015-16 at Annexure-F;
ii) quash the impugned order dated 17.11.2015 passed by the first respondent in his Order No.INR/DRA/(South)/66/1993-94 at Annexure-E;
iii) issue a writ of mandamus to the respondents to continue to allot the food grains in respect of shop No.131 at Chandranagar, Kumaraswamy Layout, 11th Cross, Bangalore- 560 078 as there is no allegation made against the said brach;
iv) issue a writ of mandamus to the respondent Nos.1 and 2 to continue to allot the food grains in respect of Shop No.BLS-135, Banashankari II Stage, CCS, south Range, Bangalore also; and v) issue any other appropriate writ or order or direction to the respondents deemed fit in the circumstances of the case.”
2. When the matter was taken up today, learned High Court Government Pleader submitted that on account of subsequent events, the writ petition does not survive for consideration as the licence to run the Fair Price Shop issued in favour of the petitioner has since been cancelled.
3. The aforesaid submission is taken on record.
4. the petitioner has challenged the Order by which the licence to run the Fair Price Shop was suspended.
5. Since the licence issued to the petitioner has already been cancelled, therefore, nothing survives for adjudication in this writ petition. Hence, the petition is disposed of with liberty to the petitioner to take such recourse as may be available to the petitioner under law.
Accordingly, the petition is disposed of.
Sd/- JUDGE ln.