IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.49318-49319 OF 2017 AND WRIT PETITION NO.49320 OF 2017 (GM-PDS) BETWEEN:
1. SHARADA FAIR PRICE SHOP REP. BY ITS PROP.
SRI. MAHESH.V S/O. VENKATARAMEGOWDA AGED ABOUT 58 YEARS R/AT NO.380, 19TH CROSS INDIRA NURSING HOME VIJAYANAGARA RAILWAY BADAVANE MYSURU-570 017.
2. DON CONSUMER CO-OPERATIVE SOCIETY REP. BY ITS SECRETARY SRI. PYAREJAN S/O. BAB JAN AGED ABOUT 35 YEARS R/AT NO.3326, MOHD SAIT BLOCK LASHKAR MOHALLA MYSURU-570 001.
3. P K T B CONSUMER CO-OPERATIVE SOCIETY REP. BY ITS SECRETARY SMT. DAKSHAYINI C. W/O. B. SHIVARAJU AGED ABOUT 42 YEARS R/AT NO. 135, 9/1, OLD POST OFFICE ROAD KUMAR KOPPAL METAGALLI POST MYSURU-570 016.
... PETITIONERS (BY SRI. NAGARAJ N. NAIDU, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY FOOD AND CIVIL SUPPLIES AND LEGAL METROLOGY DEPARTMENT VIKASA SOUDHA BENGALURU-560 001.
2. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES DEPARTMENT CUNNINGHAM ROAD BANGALORE-560 052.
3. THE DEPUTY COMMISSIONER MYSURU, MYSURU DISTRICT-571 129.
4. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES DEPARTMENT MYSURU TALUK, MYSURU DISTRICT-571 129.
...RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 and 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 23.12.2016, 30.12.2016 AND 13.12.2016 PASSED BY THE R-3 VIDE ANNEXURE-B TO B2.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Nagaraj N. Naidu, learned counsel for the petitioners.
In these petitions, petitioners inter alia have prayed for the following reliefs:
a) Issue a writ in the nature of certiorari or any other writ to quash the order dated 23.12.2016 made in No.FCS/U Ni My/Nya Be Ang/CR/106/2016-17, Order dated 30.12.2016 made in No.FCS/U Ni My/Nya Be Ang/CR/44/2016-17 passed by the 3rd respondent as per Annexure – ‘B’ to ‘B2’.
b) Pass any appropriate writ, order or direction as this Hon’ble Court deem fit and proper in the facts and circumstances of the case and allow these writ petitions, in the ends of justice and equity.”
2. When the matter was taken up today, learned counsel for the petitioners submits that being aggrieved by the order dated 23.12.2016, they have already filed an appeal before the Commissioner, who is the Competent Authority.
3. It is well settled principle of law that the petitioners cannot be permitted to take recourse to two remedies in law simultaneously.
4. I do not find any ground to continue with these writ petitions. Accordingly, the same are disposed of with a direction to the Competent Authority to decide the appeal filed by the petitioner expeditiously in accordance with law.
Sd/- JUDGE Mds/-