IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.53511-53514 OF 2017 AND 53737 OF 2017 (GM-PDS) BETWEEN:
1. SRI. ANAND KUMAR, S/O. SATHYANARAYANA SHETTY, AGED ABOUT 54 YEARS, SHOP NO. 76, DARJIPETE, DODDABALLAPUR, BANGALORE RURAL DISTRICT 561203.
2. SRI. SHIVAKUMAR, S/O. LATE. C. PRABHUMURTHY, AGED ABOUT 40 YEARS, SHOP NO. 79, KAALAMMA GUDI ROAD, DODDABALLAPUR, BANGALORE RURAL DISTRICT 561203.
3. H.L. NARAYANA SHETTY, S/O. LAKSHMINARAYANA SHETTY, AGED ABOUT 59 YEARS, OWNER, GOVERNMENT FAIR PRICE DEPOT, SHOP NO. 84, MARUTHINAGAR, DODDABALLAPUR, BANGALORE RURAL DISTRICT 561203.
4. SRI. C.S. CHANDRASHEKARAIAH, S/O. SIDDALINGAPPA, AGED ABOUT 69 YEARS, OWNER, GOVERNMENT FAIR PRICE DEPOT, SHOP NO. 82 AND SHOP NO. 78, SHANTHINAGAR, DODDABALLAPUR, BANGALORE RURAL DISTRICT 561203. (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) … PETITIONERS (BY MR. NAVEEN.J.N, ADV.) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALROE - 560001. BY ITS SECRETARY.
2. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BANGALORE - 560001.
3. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, BANGALORE – 560001.
4. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, BANGALORE RURAL DISTRICT, BANGALORE - 560001.
5. THE TAHASILDHAR, DODDABALLAPUR TOWN, BANGALORE RURAL DISTRICT – 561203.
6. THE FOOD INSPECTOR, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, DODDABALLAPUR TOWN, DODDABALLAPUR, BANGALORE RURAL DISTRICT – 561203.
7. THE TALUK AGRICULTURAL MARKETING, PRODUCE CO OPERATIVE SOCIETY LTD, DODDABALLAPUR, REP BY ITS PRESIDENT, BANGALORE RURAL DISTRICT – 561203.
… RESPONDENTS (BY MR. V.SHIVAREDDY, HCGP FOR R-1 TO 6 R-7 SERVED AND UNREPRESENTED) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOT TO TRANSFER THE CARDS FROM THE PETITIONERS FAIR PRICE SHOPS NO.76,78, 79, 82 AND 84 IN FAVOUR OF R-7 SHOPS BY CONSIDERING THE REPRESENTATIONS VIDE ANNEX-H AND J TO THE W.P. AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Naveen J.N., learned counsel for the petitioner. Mr.V.Shivareddy, learned High Court Government Pleader for respondent Nos.1 to 6.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia seeks a direction to the respondents not to transfer the cards from the petitioners fair price Shops No.76, 78, 79, 82 and 84 in favourof 7th respondent shops by considering the representations contained in Annexures H and J to the writ petition.
4. When the matters were taken up today, learned counsel for the petitioners submitted that they be granted with a liberty to make a fresh representation before the competent authority. On the other hand, learned counsel for respondent submitted that if such a representation is made by the petitioner the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a liberty to the petitioners that in case a representation is made to the competent authority, the same shall be decided by the competent authority by a speaking order within a period of four months from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case. Till the representation is decided, ad-interim order, if any, granted by a bench of this Court to continue Accordingly, the petitions are disposed of.
Sd/- JUDGE SS