IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.65665/2016 (GM-PDS) BETWEEN:
M/S SRI. NAGARAJ REDDY FAIR PRICE SHOP REPRESENTED BY ITS PROPRIETOR SRI NAGARAJA REDDY M S S/O SHAMANNA AGEDA BOUT 50 YEARS R/AT MARIYAPPA BUILDING 4TH CROSS, KANAKANAGARA R T NAGAR POST BANGALORE-560 032 (BY SRI. MANJUNATHA A, ADV.) AND:
1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA FOOD AND CIVIL SUPPLIES DEPARTMENT VIKASA SOUDHA BANGALORE-560 032 2. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES DEPARTMENT CONSUMER BUSINESS DEPARTMENT NORTH RANGE MALLESHWARAM BANGALORE-560 003 3. THE JOINT DIRECTOR FOOD AND CIVIL SUPPLIES DEPARTMENT ... PETITIONER CUNNINGHAM ROAD BANGALORE-560 032 4. THE COMMISSIONER FOOD AND CIVIL SUPPLIES DEPARTMENT CUNNINGHAM ROAD BANGALORE-560 032 ... RESPONDENTS (BY SRI. DILDAR SHIRALLI, HCGP.) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT R-2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 8.12.2016 AT ANNEX-C AND DELIVER THE FOOD GRAINS TO IT AS PER ANNEX B TO B4 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court seeking issue of mandamus to direct respondent No.2 to consider the representation of the petitioner dated 08.12.2006 and in that regard, the petitioner is seeking that the food grains be delivered to the petitioner’s shop for distribution to the cardholders.
2. The petitioner who is granted the authorisation to run the fair price shop at Mariyappa Building, 4th Cross, Kanakanagar, R.T. Nagar Post, Bengaluru, contends that the authorization granted in his favour is subsisting, but the food grains which is required to be released to the petitioner has not been made available so as to distribute the same to the cardholders. It is in that light, the petitioner is stated to have made a representation seeking consideration of the same and to release the food grains to the petitioner so as to enable him to distribute the same to the cardholders.
3. The respondents have filed their objection statement. Along with the objection statement, the Official Memorandum dated 14.11.2016 is produced at Annexure-R4 wherein reference is made to the report submitted and the order passed to transfer the cards which were assigned to the fair price shop of the petitioner to another authorization holder to distribute the food grains through the said authorization holder and in that light it is contended that the need to release food grains does not arise.
4. Learned counsel for the petitioner would submit that the said order is without opportunity to the petitioner nor was any request to that effect made by the petitioner. If that be so, the petitioner will have to assail the said order dated 14.11.2016. In that regard, liberty is reserved to the petitioner to assail the same before the appropriate forum in accordance with law.
Reserving such liberty, the petition stands disposed of.
Sd/- JUDGE hrp/bms