IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE A.S.BOPANNA Writ Petition No.47522/2017 (GM-PDS) Between :
Ramamurthy Naik G.N. Aged about 51 years, S/o Narasimha Naik, R/o Vadigere Village, Mitte Mari Hobli, Bagepalli Taluk, Chickballapur District. .. Petitioner ( By Sri H.C.Shivaramu, Advocate ) And :
1. The Deputy Commissioner (Food), Chickballapur District, Chickballapur.
2. The Tahsildar, Bagepalli Taluk, Chickballapur District.
3. The Commissioner of Food & Civil Supplies, Marketing Federation Building 5th Floor, Marketing Federation Building, Bangalore-560 052. ..Respondents ( By Sri A.C.Balaraj, HCGP) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned order dated 10.4.2017 passed by the Respondent No.1 at Annexure-L.
This Writ Petition coming on for Orders this day, the Court made the following :
ORDER The petitioner is before this Court assailing the order dated 10.4.2017, passed by the 1st respondent – Deputy Commissioner, as at Annexure-`L’ to the petition. Though the petitioner has assailed the order passed by the Deputy Commissioner, it is seen that the petitioner has called in question the said order in an appeal as provided and the appeal is numbered as CFS/Appeal/253/2010-11, which is pending consideration. As the petitioner has availed the remedy of appeal, the grievance, therefore, essentially is with regard to the Appellate Authority not considering the prayer for interim relief, pending consideration of the appeal. It is in that light, the petitioner is before this Court.
2. If that be the position, this Court at this juncture is not required to consider the correctness or otherwise of the order dated 10.4.2017, passed by the Deputy Commissioner, which is assailed herein. However, while taking note of the circumstances under which the said order has been passed, it is to be seen that when at the first instance, the petitioner had failed before the competent authority, was before this Court in Writ Petition No.14243/2012. This Court while disposing of the petition, by the order dated 17.12.2013, had directed the Deputy Commissioner to complete the proceedings within the time frame as indicated and pending consideration of the same, the petitioner was permitted to lift the essential commodities and distribute the same till the respondent No.1 – Deputy Commissioner, takes a decision.
3. It is no doubt true that the respondent No.1 has thereafter taken a decision against the petitioner herein. The said order is assailed in appeal. If that be the position, when the benefit of the interim order was in favour of the petitioner, who approached this Court at the earlier instance, and had permitted the petitioner to lift the essential commodities and distribute the same, pending consideration of the appeal before the Appellate Authority, such benefit is required to be extended to the petitioner. Since such consideration has not been made by the Appellate Authority and had merely ordered summons on 19.8.2017, without considering such request of the petitioner, it is appropriate that this Court direct that the interim benefit of lifting the essential commodities and distributing the same to the card holders to the petitioner till consideration on merits to made, in the appeal pending before respondent No.3. Hence, the benefit shall be extended to the petitioner in such manner.
The Writ Petition is accordingly disposed of The learned Government Advocate is permitted to file his memo of appearance within four weeks.
Sd/- JUDGE *bk/-