Archana Mahila Consumer Co Operative ... vs The State Of Karnataka on 21 August, 2017

[Cites 2, Cited by 0]

Karnataka High Court

Archana Mahila Consumer Co Operative ... vs The State Of Karnataka on 21 August, 2017

Bench: A S Bopanna

                           1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF AUGUST, 2017

                        BEFORE

       THE HON'BLE MR. JUSTICE A S BOPANNA

      WRIT PETITION Nos.37397-37401/2017 (GM-PDS)

BETWEEN:

1.     ARCHANA MAHILA CONSUMER
       CO-OPERATIVE SOCIETY
       REP. BY ITS SECRETARY
       SMT. AMMULU
       AGED ABOUT 28 YEARS
       SHOP NO.554, DIVISION 30
       SRINAGARA, SOUTH RANGE
       BANGALORE-560050
       BLS NO.40

2.     ARCHANA MAHILA CONSUMER
       CO-OPERATIVE SOCIETY
       REP. BY ITS SECRETARY
       SMT. AMMULU
       AGED ABOUT 28 Y EARS
       NO.970-14, 10TH MAIN ROAD
       RAGHAVENDRABADAVANE
       SRINAGARA
       BANGALORE-560050
       BLS NO.41

3.     NANDINI BALAKEDARARA
       SAHAKARA SANGHA
       SHOP NO.124
       GOWDARAPALYA
       GANESHA TEMPLE
       BANGALORE-560070
       REP. BY ITS SECRETARY
       SMT. MAHESHWARI
       BLS NO.124

4.     NANDINI BALAKEDARARA SAHAKARA SANGHA
       SHOP NO.27
       NO.12/A, 4TH CROSS
                              2

     7TH MAIN, SB COLONY
     BSK 3RD STAGE
     BANGALORE-560085
     REP. BY ITS SECRETARY
     SMT. MAHESHWARI
     BLS NO.27

5.   MUNIRAJU STORES
     REP. BY ITS PROP.
     MUNIRAJU
     S/O MUNISWAMY SHETTY
     AGED ABOUT 50 YEARS
     NO.24/1, 2ND CROSS
     MISSION ROAD
     BANGALORE-560027
     BLS NO.084
                                       ... PETITIONERS
(BY SRI NAGARAJA N NAIDU, ADV.)

AND:

1.   THE STATE OF KARNATAKA
     DEPARTMENT OF FOOD CIVIL
     SUPPLIES & CONSUMER AFFAIRS
     REP. BY ITS PRINCIPAL SECRETARY
     VIKASA SOUDHA
     BANGALORE-560001

2.   THE COMMISSIONER FOR FOOD &
     CIVIL SUPPLIES DEPARTMENT
     CUNNINGHAM ROAD
     BANGALORE-560054

3.   THE ADDITIONAL DIRECTOR
     FOOD AND CIVIL SUPPLIES DEPARTMENT
     CUNNINGHAM ROAD
     BANGALORE-560054

4.   THE DEPUTY DIRECTOR
     SOTUH RANGE
     N R COLONY
     BANGALORE-560075

                                       ... RESPONDENTS
(BY SRI A C BALRAJ, HCGP)
                             3

      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 AND
QUASH THE ORDER DATED 27.7.2017 PASSED BY THE R-2 AT
ANNEX-H AND ALSO ORDER DATED 28.2.2017 PASSED BY THE
R-3 AT ANNEX-F TO F4.

     THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                      ORDER

Learned Government Advocate to accept notice for respondents and file memo of appearance in four weeks.

2. The petitioners are before this Court claiming to be aggrieved by the orders impugned whereby, the application filed by the petitioners seeking grant of stay has been rejected by respondent No.2.

3. Though, several contentions are urged in these petitions, the same need not be adverted to in detail since, this Court in similar circumstance has considered this aspect of the matter. In particular, this Court, while disposing of W.P.No.36191-36213/2017 on 16.08.2017 has taken note of these aspects and has ordered that the interim order of stay shall enure to the 4 benefit of the petitioners, till the appeal pending before the respondent No.2 is considered and disposed of.

3. In that view, in the instant petitions also, the orders impugned are set aside. The benefit of the interim order shall enure to the petitioners, till the appeals which are the subject matters of these petitions are considered and disposed of on merits by respondent No.2 In terms of the above, the writ petitions stand disposed of.

Sd/-

JUDGE akc/bms

Unlock Advanced Research with PRISMAI

Karnataka High Court