IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32543 OF 2016 (GM-EC) BETWEEN:
SRI G.K.MARUTHI AGED ABOUT 50 YEARS S/O GANGAIAH R/O BENNAPPANAPALYA DODDASANNAHALLI POST MAGADI TALUK RAMANAGAR DISTRICT- 560 052 … PETITIONER (BY SRI.H.C.SHIVARAMU, ADV.) AND:
1. THE COMMISSIONER/DIRECTOR FOR FOOD AND CIVIL SUPPLIES MARKETING FEDERATION BUILDING NO.8, CUNNINGHAM ROAD BANGALORE- 560 052.
2. THE DEPUTY COMMISSIONER (FOOD) RAMANAGAR DISTRICT RAMANAGAR -571 511.
3. THE DEPUTY DIRECTOR OF FOOD & CIVIL SUPPLIES RAMANAGARA DISTRICT RAMANAGAR – 571 511.
4. THE HON’BLE MINISTER FOR FOOD & CIVIL SUPPLIES GOVT. OF KARNATAKA VIKAS SOUDHA BANGALORE – 560 001.
… RESPONDENTS (BY SRI.V.SHIVAREDDY, HCGP) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED: 22.01.2016 PASSED BY THE R-4 IN HIS ORDER AT ANNEXURE-K AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. H.C.Shivaramu, learned counsel for the petitioner.
Sri. V.Shivareddy, learned HCGP for respondents.
Heard.
2. In this petition, the petitioner inter alia has assailed the validity of the order dated 18.03.2009 passed by the Appellate Authority as well as the order dated 07.01.2009 passed by the Revisional Authority.
3. For the reasons assigned by this Court in the order passed in W.P.No.32363/2016 on 27.02.2019, the impugned orders dated 18.03.2009 and 07.01.2009 are hereby quashed and the matter is remanded back to the Appellate Authority to decide the appeal afresh after calling for the records and after affording opportunity of hearing both the parties, a speaking order be passed within four months from the date of certified copy of this order today.
4. Interim order granted by the Bench of this Court shall continue till the appeal preferred by the petitioner is decided by the Appellate Authority.
It is made clear that this Court has not expressed any opinion on merits to the claim of the petitioner. Accordingly, the writ petition is disposed of.
Sd/- JUDGE VMB