IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION Nos.38612-38614/2017 (GM-PDS) BETWEEN:
1. SRI VINAYAKA STORES REP. BY SECRETARY SMT. JALAJAKSHI AGED ABOUT 52 YEARS, NO.23, APPAYYA COMPOUND NEAR GOVT. SCHOOL VENKATAPURA KORAMANGALA BANGALORE-560034 BLS NO.190 2. SRIDEVI CONSUMER CO-OPERATIVE SOCIETY LTD REP. BY ITS SECRETARY SMT. SHABANA D/O AKBAR PASHA AGED ABOUT 28 YEARS, NO.135, 2ND MAIN, AMBEDKAR NAGAR 3RD STAGE, KORAMANGALA BANGLAORE-560047 BLS NO.177 3. SMT K S PADMAVATHI W/O K S SATHYANARAYANA NO.9/2, LBF ROAD BANGALORE-560004 BLC NO.74 (BY SRI NAGARAJ N NAIDU, ADV.) ... PETITIONERS AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF FOOD CIVIL SUPPLIES & CONSUMER AFFAIRS REPTD. BY ITS PRINCIPAL SECRETARY VIKASA SOUDHA BANGALORE-560 001 2. THE COMMISSIONER FOR FOOD & CIVIL SUPPLIES DEPARTMENT CUNNINGHAM ROAD BANGALORE-560 054 3. THE ADDITIONAL DIRECTOR FOOD & CIVIL SUPPLIES DEPARTMENT CUNNINGHAM ROAD BANGALORE-560 054 4. THE DEPUTY DIRECTOR SOUTH RANGE N R COLONY BANGALORE-560075 (BY SRI A C BALARAJ, HCGP.) ... RESPONDENTS THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR RECORDS FROM THE OFFICE OF THE RESPONDENTS QUASH THE ORDER DTD:27.7.2017 PASSED BY THE R-2 VIDE ANNEXURE-H AND ALSO ORDER DTD:28.2.2017 PASSED BY THE R-3 VIDE ANNEXURE-F TO F2.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Government Advocate to accept notice for respondents No.1 to 4 and file memo of appearance in four weeks.
2. The petitioners are before this Court assailing the order impugned at Annexure-H. The petitioners, who were similarly placed as that of the petitioners herein, were before this Court at the earlier instance in a batch of petitions in W.P.Nos.10388-476/2017. This Court through the order dated 06.07.2017 (Annexure-G1) remanded the matter to the Appellate Authority. While doing so, this Court had also granted the benefit of the interim order and had further directed consideration of the application for stay within three weeks and also to consider the main proceedings itself within the time frame as indicated therein.
3. Subsequent thereto, respondent No.2 has passed the order dated 27.07.2017 at Annexure-H rejecting the application filed by the petitioners seeking for interim stay. It is in that light, the petitioners are before this Court in these petitions.
4. If that be the position, when at the first instance this Court had granted benefit of the interim order and in that light had directed consideration of the application for stay and also the main matter, the benefit of stay till the main matter is considered was required to be granted by respondent No.2.
5. In that view, without adverting to the other aspects of the matter, the order dated 27.07.2017 is set aside. The interim order granted by this Court is extended till the main matters are disposed of by respondent No.2. Insofar as the disposal of the main matter, the directions issued earlier by this Court shall be kept in view.
In terms of the above, these petitions stand disposed of.
Sd/- JUDGE akc/bms