IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No. 64744 OF 2016(GM-PDS) BETWEEN:
C. Narayanaswamy, Aged about 65 years, S/o Late. Chenna Shetty, R/o Nidaghatta Village & Post, Maddur Taluk, Mandya District-571401. ... Petitioner (By Sri H.C.Shivaramu, Advocate) AND:
1. The Deputy Commissioner (Food), Mandya District, Mandya-571401.
2. The Thasildar, Maddur Taluk, Mandya District-571 401.
3. Puttaswamy, Major, Father’s name not known to The petitioner, Owner of Fair Price Depot, Maddur Taluk, Mandya District-571401.
4. The Deputy Director for Food & Civil Supplies, Mandya District, Mandya-571401. ...Respondents (By Smt. M.C.Nagashree, AGA. for R1, R2 & R4: R3 served) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the Official Memorandum dated 30.08.2016 issued by R1 at Annexure-C in so far as removing 273 ration cards from the petitioner’s shop or in the alternative direct the R1 to transfer equal number of ration cards from R3 FPD point at Nidaghatta village in favour of the petitioner in lieu of transfer of ration cards from the petitioner’s shop in respect of two villages attached to the petitioner’s shop forthwith and etc.
This writ petition, coming on for preliminary hearing in ‘B’ Group, this day, the Court made the following:
ORDER Issue rule.
2. Heard Sri H.C.Shivaramu, learned advocate appearing for the petitioner and Smt.M.C.Nagashree, learned AGA appearing for the respondent - State.
3. Petitioner and third respondent were having Fair Price Depots at Nidaghatta Village in Maddur Taluk, Mandya District. Residents of Rudrakshipura and Hunsemarada Doddi villages were required to purchase food-grains from these two shops. Petitioner was supplying food-grains to 273 cardholders in Hunsemarada Doddi from his shop in Nidaghatta. By order dated 30th August 2016, a sub-centre was opened in Hunsemarada Doddi village and 273 cards were attached to third respondent’s shop in the said village by removing them from the petitioner’s shop. Petitioner is aggrieved by the said order.
4. Sri H.C.Shivaramu, learned advocate for the petitioner submitted that resultant position is that petitioner’s 273 cards have been removed and presently petitioner has only 575 cards whereas third respondent has been given nearly 1000 cards and removal of 273 cards is unsustainable as it is arbitrary and amounts to grant of largese in favour of third respondent.
5. Smt.M.C.Nagashree, learned AGA argued supporting the impugned order (Annexure-C). Though served there is no representation on behalf of third respondent.
6. A careful perusal of the order shows that both petitioner and third respondent were having shops at Nidaghatta village and catering to the needs of the villagers of surrounding villages. For reasons best known, Deputy Commissioner has ordered opening a sub-centre in Hunsemarada Doddi village and permitted third respondent to have his shop in the said village. While doing so, 273 cards of the said village which were earlier purchasing food-grains from petitioner have been transferred to third respondent’s sub-centre. The order shows that originally petitioner was allotted 705 cards and third respondent 723 cards. After opening of sub-centre, petitioner has got 522 cards and third respondent 906 cards. No cogent reasons are forthcoming in the order for removal of 273 cards from the petitioner’s shop. In the circumstances, impugned order suffers from vice of arbitrariness and hence unsustainable.
7. Resultantly, this petition merits consideration. It is accordingly allowed. Order dated 30th August 2016 (Annexure-C) is quashed. Deputy Commissioner, Mandya is directed to reconsider the matter in accordance with law and pass appropriate orders after hearing the parties and by objectively assessing the population and appropriately distributing the cards.
No costs.
Sd/- JUDGE Cm/-