IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.18137 OF 2014 (GM-PDS) BETWEEN:
SRI. NARAYAN S/O MADAIAH AGED ABOUT 50 YEARS KANDAHALLI VILLAGE TALANDOOR TALUK CHAMARAJANAGAR DISTRICT-571441.
(By Mr. AMSHITH HEGDE H.S. ADV. (ABSENT)) AND:
1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE.
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR.
3. THE THASILDAR YALANDOOR TALUK CHAMARAJANAGAR DISTRICT.
4. THE COMMISSIONER DEPT. OF FOOD AND CIVIL SUPPLY No.52, CUNNINGHAM ROAD BANGALORE.
… PETITIONER (By Ms. H.C. KAVITA, LEARNED HCGP) - - -
… RESPONDENTS This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order dated 29-11-10 vide Ann-C passed by the R2. Quash the order dated 26-11-10 vide Ann-B passed by the R-2 and etc.
This Writ Petition coming on for hearing this day, the Court made the following:-
ORDER None for the petitioner.
Smt.H.C.Kavita, learned Additional Government Advocate for the respondents.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks quashment of the order dated 29.11.2010 passed by the Deputy Commissioner, Chamarajanagar District, Chamarajanagar. The petitioner also seeks a writ of certiorari for quashment of the order dated 26.11.2010 passed by the aforesaid respondent. The petitioner also seeks a writ of certiorari for quashment of the order dated 02.02.2013 passed by the Commissioner, Department of Food and Civil Supply.
3. Facts giving rise to filing of the writ petition briefly stated are that the petitioner was granted authorization to run a fair price depot some time in the year 1996-97. On the basis of some complaint made against the petitioner in the year 2003, 163 cards attached to the fair price shop of the petitioner were withdrawn. The aforesaid action was challenged by the petitioner before the Appellate Authority. Subsequently, another complaint was filed. In compliance of the aforesaid complaint, out of 621 cards, 521 cards were removed and the petitioner was left with 100 cards. The petitioner challenged the aforesaid action in W.P.No.34110/2009 before this Court. A Bench of this Court, by an order dated 26.05.2010, allowed the writ petition and granted liberty to the respondents to conduct an enquiry under the provisions of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992. Thereafter, the appeal preferred by the petitioner was rejected. In the meanwhile, the Government of Karnataka, Department of Food and Civil Supply, has issued an advertisement by which applications were invited for opening a fair price shop, by an order dated 26.03.2012. The petitioner, in the circumstances aforesaid, approached this Court seeking the relief as stated supra.
4. Learned Additional Government Advocate submitted that since the advertisement was issued on 26.03.2012, by which applications were invited for opening a fair price depot, therefore, in pursuance of the aforesaid advertisement, by now a fair price shop must have been opened as no interim order was granted in the writ petition.
5. I have considered the submissions made by the learned counsel for the parties and have perused the record.
6. From perusal of the record, it is evident that during the pendency of the appeal, the State Government had issued an advertisement dated 26.03.2012 for opening a fair price depot since no interim order was granted in the writ petition and therefore, by now, in pursuance of the above said advertisement, the fair price shop must have been opened. The petitioner has neither amended the writ petition nor has brought the subsequent events on record. Therefore, I am inclined to dispose of the writ petition with liberty to the petitioner to challenge the aforesaid action in accordance with law, if so advised.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE RV