Karnataka High Court
Basavanthraya Sharanappa Sanka vs State Of Karnataka & Ors on 2 August, 2013
Author: Mohan M Shantanagoudar
Bench: Mohan .M. Shantanagoudar
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
ND
DATED THIS THE 2 DAY OF AUGUST, 2013
BEFORE
THE HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR
WRIT PETITION NO.102310/2013 (GM-PDS)
BETWEEN:
Basavantharaya Sharanappa Sanka,
S/o Sharanappa,
Aged about: 64 Years,
Residing at Banami Village,
Jewargi Taluk,
Dist: Gulbarga-585102.
...Petitioner
(By Sri Ameet Kumar Deshpande, Advocate)
AND:
1. State of Karnataka,
Represented by its Secretary
Department of Food & Civil Supplies
M.S.Building,
Banglaore-560 001.
2. The Commissioner for
Food & Civil Supplies,
Cunningham Road,
Bangalaore-560001.
2
3. The Deputy Commissioner,
Gulbarga-585102.
4. The Tahsildar,
Jewargi-585102.
5. Malkanna S/o Sharanappa,
S/o Late Sharanappa,
Aged about 55 Years,
Residing at Banami Village,
Jewargi Taluk,
Dist: Gulbarga-585102.
... Respondents
(Sri Krupa Sagar Patil, Advocate for C/R5
Sri Shivakumar.R.Tengli, AGA for R1 to R4)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to quash the order
dated 6.7.2013 passed in File No.CFS/APPEAL/19/
013-14 by respondent No.2 herein, the certified copy of
which is at Annexure-G and etc.
This Writ Petition coming on for preliminary
hearing this day, the Court made the following:
ORDER
The order Annexure-'E' passed by the Deputy Commissioner dated 19.06.2013 permitting respondent No.5 to distribute the essential commodities on 3 temporary basis for a period of 6 months was called in question before respondent No.2 - the Commissioner for Food and Civil Supplies by filing an appeal. The said appeal came to be dismissed by the order dated 06.07.2013 vide Annexure-'G'. The orders at Annexures-'E' and 'G' are called in question in this writ petition.
2. Respondent No.5 is an authorized agent to distribute essential commodities in Banami village, Jewargi taluk. Number of allegations came to be made against respondent No.5 inasmuch as respondent No.5 was allegedly involved in not distributing the essential commodities as stipulated. Thereafter, enquiry came to be held by the Deputy Commissioner. One round of litigation is already over up to this Court. Ultimately, the matter came to be remanded to the Deputy Commissioner. After remand, the Deputy 4 Commissioner has passed the interim order as per Annexure-'E' permitting respondent No.5 to distribute the essential commodities on temporary basis for a period of six months. Petitioner is aggrieved by such order.
3. Learned AGA submits that the Deputy Commissioner wants to watch the activities of respondent No.5 for a period of six months; the books of accounts etc. maintained by respondent No.5 are seized by the concerned authorities for verification; since such verification may take some time, the Deputy Commissioner has thought it fit to permit respondent No.5 to distribute the essential commodities for a period of six months in order to avoid any hardship to the card holders.
3. There are certain allegations made against respondent No.5. The truth or otherwise of the 5 allegations will come to limelight only after disposal of the matter before the Deputy Commissioner. The matter is still under the stage of enquiry before the Deputy Commissioner. The books of accounts and other material such as videography of the stock maintained by respondent No.5 etc. are being verified. The said process may take some time. Thus, in order to watch the activities of respondent No.5, it seems the Deputy Commissioner by exercising his discretion permitted respondent No.5 to continue to distribute the essential commodities for a period of six months. This Court does not find any ground to interfere with such discretionary order passed by the Deputy Commissioner, more particularly when certain reasons are assigned by the Deputy Commissioner for doing so. Accordingly, no interference is called for. Petition fails, and the same stands dismissed.
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However, the period of six months granted by the Deputy Commissioner is reduced to 4½ months from the date of the order at Annexure-'E'. Which means, the Deputy Commissioner shall complete the enquiry and pass final orders on merits as early as possible but not later than the outer limit of end of November, 2013.
All questions are kept open to urge by both the parties, before the Deputy Commissioner.
Sd/-
JUDGE swk