IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35392 OF 2016 (GM-PDS) BETWEEN:
SMT. HARINI KUMARI W/O K.B. PRAKASH AGED ABOUT 42 YEARS RESIDENT OF KESTHURU KOPPALU K.R. NAGARA TALUK, MYSORE DISTRICT. … PETITIONER (By Mr. GANGADHARAPPA A.V. ADV.,) AND:
1. COMMISSIONER DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS NO.8, 5TH FLOOR CO-OPERATIVE FEDERATION BUILDING CUNNIGHAM ROAD BANGALORE-01.
2. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSURU – 570001.
3. SENIOR DEPUTY COMMISSIONER DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS, OFFICE OF THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU – 570001.
4. THE FOOD SHERISTEDAR OFFICE OF THE TAHSILDAR K.R. NAGARA TALUK MYSURU DISTRICT-571617. … RESPONDENTS (By SMT. H.C. KAVITHA, HCGP) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order Dated 25.05.2016 passed by R-2 at Annex-A and direct R-2 to 4 to supply the commodities to the petitioner without reference to the impugned order at Annex-A, and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Gangadharappa A.V., learned counsel for the petitioner.
Smt.H.C.Kavita, learned High Court Government Pleader for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
“(a) A writ in the nature of certiorari or any other appropriate writ or order quashing the order dated 25.5.2016 passed by the 2nd respondent in No.CSD/PR/2014-15 produced as ANNEXURE-A and direct respondents 2 to 4 to supply the commodities to the petitioner without reference to the impugned order at Annexure-A;
(b) Mandamus or any other appropriate writ or order directing the 1st respondent to consider and pass appropriate order on the application for stay filed by the petitioner in C.F.S. Appeal No.25/2016-17, a true copy of which is produced as Annexure-D and dispose of the appeal on merits;
(c) grant such other relief which the Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice.”
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner was granted license to run a fair price shop. The aforesaid license was suspended on 25.05.2016. Being aggrieved, the petitioner filed an appeal along with the application for stay. However, in the appeal, no orders were passed on the application for stay and the aforesaid application was kept pending. It is further submitted that a Bench of this Court, while entertaining the writ petition, by an ad interim order dated 27.06.2016, had stayed the order of suspension. The aforesaid order is still in force and the petition be disposed of with a direction to the Appellate Authority to decide the appeal in a time bound manner and till then, the ad interim order be continued. On the other hand, learned High Court Government Pleader submitted that the Appellate Authority shall decide the appeal preferred within such time as may be directed by this Court.
5. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction to the Appellate Authority to decide the appeal by a speaking order after hearing the parties within a period of six weeks from the date of receipt of certified copy of the order passed today. Till the appeal preferred by the Appellate Authority is decided, the interim order of stay granted by a Bench of this Court dated 27.06.2016 shall continue.
Sd/- JUDGE RV