IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.42268 OF 2016 (GM-EC) BETWEEN:
SRI ANJANAPPA T. AGED ABOUT 66 YEARS S/O. LATE THAMMANNA RESIDENT ANGAREKANAHALLI MARALUKUNTE POST CHIKKABALLAPURA TALUK AND DISTRICT. …PETITIONER (BY SRI H.C. SHIVARAMU, ADV.) AND:
1. THE DEPUTY COMMISSIONER (FOOD) CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562 105.
2. THE TAHSILDAR CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT-562 105.
3. THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES MARKETING FEDERATION BUILDING CUNNINGHAM ROAD BANGALORE-560 052. …RESPONDENTS (BY SRI V.SHIVAREDDY, H.C.G.P. FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.07.2016 PASSED BY THE R-3 VIDE ANNEXURE-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri H.C. Shivaramu, learned counsel for petitioner. Sri V. Shivareddy, learned High Court Government Pleader for respondents No.1 to 3.
2. The writ petition is admitted for hearing.
With the consent of learned counsel for the parties, the matter is heard finally.
3. In this petition under Article 226 of the Constitution of India, the petitioner inter alia seeks for a writ of certiorari to quash the order dated 22.07.2016 passed by the respondent No.3.
4. When the matter was taken up for consideration today, learned counsel for the petitioner submitted that a Bench of this Court by an ad-interim order dated 04.08.2016 had stayed the operation and effect of the order dated 22.07.2016. It is further submitted that the ad-interim order granted in favour of the petitioner on 04.08.2016 has been vacated without providing an opportunity of hearing to the petitioner. It is also his submission that the appeal is still pending before the respondent No.3 and the interim order granted by this Court be extended and the respondent No.3 be directed to decide the appeal in a time bound manner.
5. On the other hand, learned High Court Government Pleader for the respondents submitted that respondent No.3 will take an appropriate action for deciding the appeal in accordance with law.
6. In view of the aforesaid submission and in the facts of the case, it is directed that the respondent No.3 shall decide the appeal preferred by the petitioner within a period of six weeks from the date of receipt of certified copy of the order passed today, after affording an opportunity of hearing to the parties. Till the appeal preferred by the petitioner which is pending before the respondent No.3 is decided, ad-interim order dated 04.08.2016 granted by a Bench of this Court shall continue. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST