IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.39339 OF 2019 (GM-PDS) Between:
Tarikere Taluk Agriculture Product Processing Co-operative Society Ltd., Tarikere, Chikmagalur District – 577 228 Rep. by its Secretary (By Sri. S.V. Desai, Advocate) And:
1. The Government of Karnataka Department of Food and Civil Supply Vidhana Soudha Bengaluru – 560 001 Rep. by its Secretary 2. The Deputy Commissioner Chikmagalur District Chikmagalur- 577 101 3. The Assistant Director Food and Civil Supply Chikmagalur – 577 101 4. The Tahasildar of Tarikere Taluk, Tarikere, Chikmagalur District - 577 228 … Petitioner 5. Mahila Milk Produce Co-operative Society Belanahalli Tarikere Taluk - 577 228 Rep. by Secretary … Respondents (By Sri. Sridhar N. Hegde, HCGP for R1 to R4) This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct the R-2 to consider the representation dated 13.08.2019 [Annexure-F] and cancel the new fair price license granted/sanctioned to R-5 and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. S. V. Desai, learned counsel for the petitioner.
Sri. Sridhar N. Hegde, learned Additional Government Advocate for respondent Nos. 1 to 4.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent No.5.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks for a direction to respondent No.2 to consider the representation submitted by the petitioner dated 13.08.2019 contained in Annexure-F.
3. 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 respondent No.2 to consider the representation dated 13.08.2019 submitted by the petitioner in accordance with law.
4. On the other hand, learned Additional Government Advocate for the respondents submitted that the representation submitted by the petitioner shall be dealt with in accordance with law, if not already decided.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to respondent No.2 to consider and decide the representation dated 13.08.2019 submitted by the petitioner, if not already decided, after affording an opportunity of hearing to all the necessary parties in accordance with law by a speaking order within a period of three weeks from the date of receipt of certified copy of the order passed today.
6. However, the petitioner shall be at liberty to make an application before respondent No.2 seeking continuation of the interim arrangement, which is in existence. Needless to state that in case petitioner submits such an application to respondent No.2, the same shall be dealt with expeditiously in accordance with law.
7. It is made clear that this Court has not expressed any opinion on merits of the case.
With the aforesaid directions, the writ petition is disposed of.
Sd/- JUDGE Mds/-