IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.51896 OF 2019 (GM - PDS) BETWEEN:
Sri Sevalal Educational Institution Bukkasagara Post, Hosadurga Taluk, Chitradurga District – 577 527. Represented by its Secretary, Mr. Prakash Naik ... Petitioner (By Sri. S. Rajashekar, Advocate) AND:
1. State of Karnataka Food, Civil Supplies and Consumer Affairs Department, Vikasa Soudha, Dr. B.R. Ambedkar Veedhi, Bengaluru – 560 001.
2. The Deputy Director Food, Civil Supplies and Consumer Affairs Department, Chitradurga District – 577 501.
3. The Deputy Commissioner Office of Deputy Commissioner Chitradurga District, Chitradurga – 577 501.
4. The Tahasildar Hosadurga Taluk, Chitradurga District – 577 527. (By Sri. Sridhar N. Hegde, HCGP) … Respondents This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notification dated 18.11.2019 issued by the R-2 vide Annexure-A and direct the R-2 and 3 to consider the representations dated 01.12.2018 made by the petitioner vide Annexure-B and C.
This writ petition coming on for Preliminary Hearing, this day, the Court made the following:
ORDER The petitioner filed the present writ petition for writ of certiorari to quash the notification dated 18.11.2019 made in No.SDC/HO.Nya.Be.Am/CR/3/2019-2010 issued by the 2nd respondent and writ of mandamus directing the respondent Nos.2 and 3 to consider the representations dated 01.12.2018 made by the petitioner as per Annexure – B and C.
2. It is the case of the petitioner that the petitioner is a licence holder of fair price shop from 04.03.1992 in pursuance of the authorization issued by the concerned competent authority and renewed the licence from time to time and same is in force till 31.05.2020. The petitioner has been supplying food grains for five places namely Bukkasagara, B.N.Tandya, R.D.Tandya, Chikkatavalahatti, K.M.Hatti. All these places are within two kilometer radius from the shop of the petitioner. When things stood thus, at the instance of local MLA, who requested the Deputy Commissioner to establish one fair price shop at Bukkasagara Village and hence, the petitioner is before this Court for the relief sought for.
3. I have heard the learned counsel for the parties to the lis.
4. Sri.S.Rajashekar, learned counsel for the petitioner contended that the impugned notification dated 18.11.2019 issued by the Deputy Director of Food, Civil Supplies and Consumer Affairs Department, Chitradurga District to establish fair price shop at Bukkasagara and R.D.Tandya is erroneous and contrary to material on record. If the notification is implemented the cards assigned to the petitioner’s fair price shop will be reduced to 386 and the respondents may take action to cancel the fair price shop in view of the reduction in terms of provisions of clause 11 of Karnataka Essential Commodities (Public Distribution System) Control Order 2016. He would further contend that there is absolutely no allegation made against the petitioner’s fair price shop from 04.03.1922 till today. Therefore, action of the respondent No.2 issuing paper publication cannot be sustained. Therefore, he sought to allow the writ petition.
5. Per contra, Sri.Sridhar N.Hegde, learned HCGP on taking notice to the respondents sought to justify the impugned paper publication issued by Deputy Director of Food, Civil Supplies and Consumer Affairs Department, Chitradurga District and contended that the petitioner was assigned five villages in order to facilitate the card holders within the radius of 2 Kms. The proposed notification is issued to establish fair price shop at Bukkasagara and R.D.Tanda villages and three villages are still with the petitioner. The apprehension of the petitioner is without any basis. He would further contend that in view of the provisions of Clause 11 (2) proviso of Karnataka Essential Commodities (Public Distribution System) Control Order 2016, which reads as under:
(2) The number of ration cards assigned to a fair price depot under sub-clause (1) shall not be less than 500 for a fair price depot in a rural area and not less than 800 for a fair price depot in an urban area;
Provided that the Authorised Authority may, for reasons to be recorded in writing, relax the limit upto 100 cards for a fair price depot in a rural area if the fair price depot is to serve the needs of an isolated settlement or layout where the number of ration cards is below the limit prescribed viz., special areas like tribal hadis / tandas / gollarahatti etc.
Therefore, even after new fair price shop established in respect of Bukkasagara and R.D.Tanda still the petitioner will be having 386 cards as contemplated under Section 11(2) proviso of Karnataka Essential Commodities (Public Distribution System) Control Order 2016.
Therefore, question of closing the fair price depot of the petitioner as apprehended would not arise. Hence, he sought to dispose the writ petition.
6. Having heard the learned counsel for the parties, it is undisputed fact that the petitioner is running fair price shop from 04.03.1992. It is also not in dispute that the Deputy Director of Food, Civil Supplies and Consumer Affairs Department, Chitradurga District issued paper publication on 18.11.2019 to open new fair price shop in respect of Bukkasagara and R.D.Tanda villages for distribution of food grains. The mere reduction of the cards to the petitioner from 686 to 386 will not be a ground to cancel the authorization of the petitioner as provided in the proviso referred to above. The apprehension is without any basis. The petitioner has not made out any ground to interfere with impugned paper publication dated 18.11.2019.
Accordingly, writ petition is disposed off.
It is needless to observe that if for any reasons, the authorities proceed to initiate any action to cancel the authorization of the petitioner on the ground of reduction of cards, it is for the petitioner to approach the appropriate authority in accordance with law.
Sd/- JUDGE UN