IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER , 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.54678/2017 (GM-PDS) BETWEEN:
TILAK NAGAR WOMEN’S CONSUMER CO-OPERATIVE SOCIETY REP. BY ITS SECRETARY, SMT. ASHA DEVI, W/O. MALLESH, AGED ABOUT 42 YEARS, R/AT NO. 62, 10TH CROSS, BENDRE NAGAR, KAILASAM ROAD, BSK 2ND STAGE, BANGALORE-560 070. BLS NO.170.
(BY SRI NAGARAJ N NAIDU, ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPLE SECRETARY, FOOD AND CIVIL SUPPLIES AND LEGAL METROLOGY DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001.
2. THE ADDITIONAL DIRECTOR FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BANGALORE-560 052.
3. THE DEPUTY DIRECTOR FOOD AND CIVIL SUPPLIES, SOUTH RANGE, N.R. COLONY, BANGALORE-560 018.
... PETITIONER 4. THE FOOD INSPECTOR FOR FOOD AND CIVIL SUPPLIES, SOUTH RANGE, N.R. COLONY, BANGALORE-560 018.
(BY SRI A C BALARAJ, HCGP.) ... RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO CALL FOR THE RECORDS FROM THE OFFICE OF THE RESPONDENTS; QUASH THE ORDER DATED 29.10.2013 PASSED BY R-2 AT ANEX-C AND ETC.
THIS PETITION 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 petitioner is before this Court assailing the order dated 29.10.2013 impugned at Annexure-C to the petition. The petitioner is also seeking issue of mandamus to direct the respondents to consider the revision petition and allow the petitioners to distribute the essential commodities.
3. The petitioner claiming to be aggrieved by the order dated 29.10.2013 has admittedly filed a revision petition as at Annexure-D to the petition.
4. If that be the position, when the alternate remedy has been availed by the petitioner, this Court is not required to entertain the instant petition as a parallel proceedings to consider the correctness or otherwise of the order dated 29.10.2013.
5. Be that as it may, since the petitioner has filed the revision petition, the Revisional Authority shall take note of the same and consider the petition on its merits as expeditiously as possible.
The petition is accordingly disposed of.
Sd/- JUDGE akc/bms