IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.38074/2013 (GM-EC) BETWEEN:
URUKATHAMBIKA YOUTH ASSOCIATION UTHUVALLI VILLAGE CHAMARAJ NAGAR TALUK AND DISTRICT.
REPRESENTED BY ITS PRESIDENT SRI. NAGARAJUA.
...PETITIONER (BY SRI.G.M. ANAND, ADVOCATE-ABSENT) AND:
1 . THE COMMISSIONER FOR FOOD AND CIVIL SUPPLIES CUNNINGHAM ROAD BANGALORE – 560 001.
2 . THE DEPUTY COMMISSIONER CHAMARAJ NAGAR DISTRICT CHAMARAJ NAGAR.
3 . THE THASILDAR CHAMARAJ NAGAR TALUK CHAMARAJ NAGAR DISTRICT – 571 313.
4 . THE SECRETARY THE DISTRICT YOUTH SERVICES AND SPORTS AUTHORITY CHAMARAJA NAGAR DISTRICT CHAMARAJA NAGAR – 571 313.
…RESPONDENTS (BY SMT. SAVITHA T.H, HCGP FOR R-1 TO R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED:06.07.2013 PASSED BY THE 1ST RESPONDENT VIDE ANNX-A AND THE IMPUGNED ORDER PASSED BY THE 2ND RESPONDENT DATED:21.11.2011 VIDE ANN-B AS NOT SUSTAINABLE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has called in question order dated 06.07.2013- Annexure-A passed by first respondent and order dated 21.11.2011- Annexure-B passed by second respondent, whereunder license granted to the petitioner for running a fair price depot came to be cancelled and affirmed by the Appellate Authority.
2. Petitioner claims to be an Association registered under the Karnataka Societies Registration Act, 1960 and is said to have obtained renewal from time to time. Pursuant to notification issued inviting applications for grant of license and authorization for distribution of essential commodities, petitioner had applied for grant of license and on consideration of same it came to be granted in favour of petitioner- Association during the year 1993-94.
3. On account of alleged ill-health of the president of association, a representation dated 09.07.2010 came to be submitted to third respondent to make alternate arrangement for distribution of food grains and kerosene to the card holders as the president of petitioner-Association was not able to lift food grains. On 12.10.2010 a notice came to be issued to petitioner to file audit report and annual report and certificate of renewal, to which reply was submitted on 29.10.2010- Annexure-F. Thereafter petitioner submitted one more representation on 04.02.2011- Annexure-G contending that president of association had recovered from his ill-health and sought for allotment of food grains.
4. Though, second respondent ordered to allot food grains in favour of petitioner-association, the Deputy Director of Food and Civil Supplies refused to allot food grains in favour of petitioner – association. Subsequently, after considering representation of the petitioner, second respondent issued Official Memorandum on 08.02.2011 to cancel alternate arrangement and directed the department of Food and Civil supplies to allot food grains in favour petitioner-association. On 21.02.2011, petitioner is said to have allotted food grains. However, on 23.03.2011, fourth respondent suspended the order of renewal without issuing notice to petitioner, which was challenged by petitioner in W.P.No.12784/2011 before this Court and said writ petition came to be allowed by order dated 13.06.2011 vide Annexure-N, whereunder impugned order of rejection of renewal of registration of petitioner-association came to be set aside as well as order passed by the second respondent herein to make alternate arrangement for distribution of essential commodities. However, liberty was reserved to the respondents to initiate action against petitioner-association.
5. It is thereafter, second respondent initiated proceedings against petitioner afresh by issuing notice and after considering the reply offered by petitioner, by impugned order dated 21.11.2011 cancelled the license granted to the petitioner, after having noticed that documents produced by the petitioner and also noticing that no material was available on record to arrive at a conclusion that license or registration of the petitioner –association had been renewed or said association being in existence. In fact, Deputy Commissioner having perused the file tendered by the official from the department of Youth Services found that under bye- laws of petitioner’s association there is no provision which enabled the petitioner-association to run a fair price depot. As such, impugned order dated 21.11.2011-Annexure-B came to be passed canceling the license issued to the petitioner. Being aggrieved by the order of cancellation of license, appeal came to be filed by the petitioner.
6. Said appeal received the attention of the appellate authority which did not find favour and it was rejected by arriving at a conclusion that there was no material on record to establish or prove that license issued to petitioner –association was renewed and as such affirmed the order of cancellation of the license issued to the petitioner. Said orders passed by the authority does not suffer from any infirmity calling for interference at the hands of this Court, inasmuch as both authorities have recorded a finding of fact. In rebuttal petitioner has not placed any material before this Court to establish at the relevant point of time or at undisputed point of time petitioner-association registration having been renewed. Hence, this Court finds there is no good ground to entertain this petition. Accordingly, petition stands rejected.
SD/- JUDGE RU