IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.46065-066 OF 2016 (GM-EC) BETWEEN:
1. SRI B N NARASIMHAIAH S/O NYATHAPPA AGED ABOUT 50 YEARS CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT – 562103.
2. SRI HANUMEGOWDA S/O LATE SRINIVASA AGED ABOUT 54 YEARS R/A NALLAKADIRENAHALLI CHIKKABALLAPURA TLAUK CHIKKABALLAPURA DISTRICT-562103. … PETITIONERS (By Mr. H C SHIVARAMU ADV.,) AND:
1. THE DEPUTY COMMISSIONER (FOOD) CHIKKABALLAPUA DISTRICT CHIKKABALLAPURA-562103.
2. THE TAHSILDAR CHIKKABALLAPURA TALUK CHIKKABALLAPURA – 562103.
3. THE FOOD INSPECTOR(RURAL) CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562103. … RESPONDENTS (By Mr. V SHIVAREDDY HCGP FOR R1-R3) - - -
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the reports submitted by R-2 & 3 dated 04.08.2016 to R-1 at Annex-A2 and etc.
These Petitions coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.H.C.Shivaramu, learned counsel for the petitioners.
Sri.V.Shivareddy, learned Additional Government Advocate for the respondents.
2. The 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 have prayed for the following reliefs:
a) Issue writ of certiorari or similar writ, order or direction to quash the reports submitted by the 2nd & 3rd respondents dated 4.8.2016 to the 1st respondent in No.Aahara/Viva/22/16-17 produced at Annexure-A2.
b) Issue writ of mandamus to the 1st and 2nd respondents to maintain a minimum number of 500 ration cards without removing the existing ration cards already attached to the petitioners; and c) Issue any other writ, order or direction to the respondents 1 and 2 deem fit in the circumstances of the case in the interest of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the petitioners have been granted authorization to run the fair price shop on 20.04.1996 and 374 and 213 ration cards are attached to their shops. It is further submitted that the petitioners are required to be given a minimum number of 500 ration cards as per Rule 11(2) of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992. It is further submitted that for opening of a fair price shop, the procedure prescribed under Clause 4 of the aforesaid order has to be followed and applications have to be invited by the respondents. However, by the impugned communication dated 04.08.2016, without inviting any applications, an allotment is proposed to be made in favour of a co- operative society.
5. The fact that a new fair price shop is sought to be allotted to a co-operative society, without following procedure prescribed under Clause 4 of the Order, is not disputed by the learned Additional Government Advocate.
6. I have considered the submissions made by the learned counsel for the parties. Before opening a new fair price shop, the petitioners are required to follow the procedure under Clause 4 of the Order which has not been followed admittedly in this case. The impugned order is, therefore, quashed and set aside. Insofar as the prayer with regard to the petitioners to maintain minimum of 500 ration cards, it would be open to the petitioners to approach the competent authority. In this regard, the aforesaid authority shall decide the said representation which may be submitted by the petitioners, after hearing them, taking into account the mandate of Clause 4 and Clause 11(2) of the Order.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV