IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28091/2019 (GM-PDS) BETWEEN:
SRI GANGAPRASAD, S/O LATE VENAKTACHALAPATHY, AGED ABOUT 45 YEARS, OWNER, SHOP NO.78 GOVERNMENT FAIR PRICE DEPOT, SHANTHINAGAR, DODDABALLAPUR, BANGALORE RURAL DISTRICT-561 203.
... PETITIONER (BY MS. PAVITHRA N., ADV., FOR SRI NAVEEN J.N., ADV.) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF FOOD & CIVIL SUPPLIES, KARNATAKA GOVERNMENT SECRETARIAT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001, BY ITS SECRETARY.
2. THE COMMISSIONER FOR FOOD & CIVIL SUPPLIES, CUNNINGHAM ROAD, BANGALORE-560 001.
3. THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, BANGALORE-560 001.
4. THE DEPUTY DIRECTOR OF FOOD & CIVIL SUPPLIES, BANGALORE RURAL DISTRICT, BANGALORE-560 001.
5. THE TAHSILDAR , DODDABALLAPUR TOWN, BANGALORE RURAL DISTRICT-561 203.
6. THE FOOD INSPECTOR, DEPARTMENT OF FOOD & CIVIL SUPPLIES, DODDABALLAPUR TOWN, BANGALORE RURAL DISTRICT-561 203.
... RESPONDENTS (BY SRI. V. SHIVAREDDY, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXTEND THE BENEFIT OF ORDER PASSED BY THIS HON'BLE COURT IN W.P.NO.53511-14/2017 DATED 2.4.2019 MARKED AT ANNEXURE-F, TO THE WRIT PETITIONER AND DIRECT THE RESPONDENTS NOT TO TRANSFER ANY CARDS FROM SHOP NO.78 IN FAVOUR OF ANY THIRD PARTY SHOPS BY CONSIDERING THE REPRESENTATION AT ANNEXURE-G DATED 6.5.2019.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In view of the submission made by learned counsel for the petitioner, office objection is ignored.
Ms.Pavithra, learned counsel for the petitioner.
Mr.V.Shivareddy, learned High Court Government Pleader for respondents.
2. Petition is admitted for hearing. With consent of the parties, same is heard finally.
3. In this petition, the petitioner inter alia seeks a writ in the nature of mandamus directing the respondents to extent the benefit of the order passed by this Court in W.P.No.53511-14/2017 dated 02.04.2019 to the writ petitioner and also directing respondents not to transfer any cards from Shop No.78 in favour of any third party shops by considering the representation at Annexure-G.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the respondent No.3 to consider the representation dated 06.05.2019 submitted by the petitioner vide Annexure- G in accordance with law.
5. On the other hand, learned High Court Government Pleader for the respondents submitted that the representation submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
6. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the representation submitted by the petitioner, if not already decided, in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
7. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE RD