Karnataka High Court
B. Varadaraju Store vs The State Of Karnataka on 30 June, 2017
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
W.P.NOS.10110-10183 OF 2017 (GM-PDS)
BETWEEN:
1. B. VARADARAJU STORE
NO 117,
8TH MAIN, J C NAGAR,
BENGALURU - 560 086,
REP. BY ITS SECRETARY,
SRI. VARADARAJU,
AGED ABOUT 56 YEARS,
BLW NO - 318.
2. VINAYAKA STORES
NO. 431:2, MASJID BLOCK,
MARIYAPPANA PALYA,
PRAKASH NAGAR
BENGALURU - 560 021
REP. BY ITS SECRETARY
B. M. N. DIVAKAR,
AGED ABOUT 45 YEARS,
BLW NO - 94.
3. KVGS
NO 5, KAVERI NAGAR,
KARNATAKA LAYOUT,
KURUBARAHALLI,
BENGALURU - 560 086
REP. BY ITS SECRETARY
2
SRI. SHIVAPRAKASH
AGED ABOUT 45 YEARS
BLW NO - 312.
4. MARUTHI CCS
NO 26, 2ND A CROSS,
PIPELINE ROAD,
J C NAGAR,
BENGALURU - 560 086
REP. BY ITS SECRETARY
SMT. LAKSHMAMMA,
AGED ABOUT 35 YEARS,
BLW NO - 274.
5. MAHALAKSHMI MAHILA CCS
NO 76, 1ST E CROSS,
SARASWATHIPURA, J C NAGARA,
BENGALURU - 560 086,
REP. BY ITS SECRETARY,
SMT. PARVATHI BHAT,
AGED ABOUT 59 YEARS
BLW NO - 317.
6. SANJAYGANDI RCHS
NO 1, 1ST MAIN,
NANJUNDESHWARA NAGAR,
BENGALURU - 560 096
REP. BY ITS SECRETARY,
SMT. MEHABOOB JAAN,
AGED ABOUT 44 YEARS,
BLW NO 319.
7. ANNAPURNESHWARI WCCS
NO 5/10, 6TH MAIN,
3RD BLOCK,
GORAGUNTEPALYA,
BENGALURU - 560022
3
REP BY ITS SECRETARY
SMT SHYLAJA BAI
AGED ABOUT 46 YEARS
BLW NO 333
8. SRI. RAMA RCHS
NO 371, 1ST MAIN, 2ND CROSS,
KAMALANAGAR,
BENGALURU - 560 079,
REP. BY ITS SECRETARY,
SRI. VINOD KUMAR,
AGED ABOUT 36 YEARS,
BLW NO - 345.
9. GURU RAGAVENDRA STORES
NO. 256/1, 1ST MAIN,
KAMALANAGAR,
BENGALURU - 560 079,
REP. BY ITS SECRETARY,
A. ANANA
AGED ABOUT 35 YEARS
BLW NO - 47.
10. HAJEERA STORE
NO 35/2,
MARAPPANA PALYA,
YESHWANTHPURA,
BENGALURU,
REP. BY ITS SECRETARY
HAJEERA BEGUM,
AGED ABOUT 40 YEARS,
BLW NO - 326.
11. SRS STORES
SMT. S. V. SUJAIKANTHA
AGED ABOUT 50 YEARS,
NO 9, 5TH BLOCK,
4
RJAJINAGAR,
BENGALURU - 560 010.
BLW NO - 17.
12. YUVAKA RAITHA SANGHA
NO.10/1, HODAGERAHALLI,
KENGERI SATELLITE
BENGALURU,
REP. BY ITS PRESIDENT
S. A. PREMA
AGED ABOUT 50 YEARS,
BLW NO -390.
13. VINAYAKA CCS
NO. 429, 4TH CROSS,
6TH MAIN,
KENGERI SATELLITE,
BENGALURU - 560 060,
REP. BY ITS SECRETARY
SRI. R. RAJASHEKAR
AGED ABOUT 45 YEARS
BLW NO - 396.
14. VINAYAKA MAHILA SANGHA
NO 46, VINAYAKA LAYOUT,
VIJAYANAGAR,
BENGALURU - 560 040,
REP. BY ITS SECRETARY
SRI. H. KIRAN
AGED ABOUT 45 YEARS
BLW NO -155.
15. SRI. RAJARAJESHWARI
MAHILA SANGHA
NO. 24, 7TH MAIN,
7TH CROSS,
SVG NAGAR
5
BENGALURU - 560 072,
REP. BY ITS SECRETARY,
SMT. SHANTHAMMA,
AGED ABOUT 45 YEARS
BLW NO -268.
16. MUDALAPALYA GELEYARA BALAGA
NO 1363, 1ST CROSS,
MUDALAPALYA,
NAGARABHAVI MAIN ROAD,
BENGALURU - 560 072,
REP. BY ITS SECRETARY,
M. RAJANNA,
AGED ABOUT 50 YEARS
BLW NO -162.
17. YADAVA MAHILA SANGHA
GG HALLI,
BENGALURU - 560 039,
REP. BY ITS SECRETARY
SRI. VASU
AGED ABOUT 39 YEARS
BLW NO - 204.
18. CHANDAN STORES
NO B -58, 1ST MAIN,
INFRONT OF CHURCH,
12TH CROSS, GG HALLI,
BENGALURU - 560 039,
REP. BY ITS SECRETARY
VENKATESH. C
AGED ABOUT 50 YEARS
BLW NO -177.
19. M.J. CCS, NO 45,
B BLOCK , MYSURU ROAD,
MOMINPURA,
6
BENGALURU - 560 026,
REP. BY ITS SECRETARY
M. ANSAR PASHA
AGED ABOUT 44 YEARS
BLW NO - 365
20. AL MOHAMMOD EDUCATION AND C T
NO.110, 6TH CROSS, GG HALLI,
BENGALURU - 560 039,
REP. BY ITS SECRETARY
REHANA SULTANA
AGED ABOUT 45 YEARS
BLW NO -172.
21. ANJUMAN MUSLIM SANGHA
NO. 110, 6TH CROSS, G G HALLI,
BENGALURU - 560 039,
REP. BY ITS SECRETARY
SRI. HAMZA P S
AGED ABOUT 52 YEARS
BLW NO -02.
22. M.C. LAYOUT FRIENDS ASSOCAITION
NO.1176, 11TH CROSS, 1ST PHASE,
CHANDRA LAYOUT,
BENGALURU - 560 072,
REP. BY ITS SECRETARY
MANJESH H S
AGED ABOUT 35 YEARS
BLW NO-161
23. BHANU STORES
NO. 34:16, 3RD CROSS,
CHOLURU PALYA,
BENGALURU - 560 023,
REP. BY ITS SECRETARY
B. G. KRISHNE GOWDA
7
AGED ABOUT 37 YEARS
BLW NO 18
24. M C R MAHILEYARA
VIVIDODESHA OKKUTA
NO. 5, 2ND MAIN,
17TH CROSS,
CHANDRA LAYOUT,
BENGALURU - 560 040,
REP. BY ITS SECRETARY
RENUKA PRASAD
AGED ABOUT 45 YEARS
BLW NO-179.
25. YAMINI GENERAL STORES
NO. 45/1, 10TH MAIN,
VIJAYANAGAR,
BENGALURU - 560 040,
REP. BY ITS SECRETARY,
B. V. RAJANNA,
AGED ABOUT 44 YEARS
BLW NO - 366
26. SHIRASI ROAD CCS
CHAMRAJPET,
BENGALURU - 560 018,
REP. BY ITS SECRETARY
SRI. SOMASHEKAR
AGED ABOUT 44 YEARS
BLW NO -059
27. GAVIPURAM CCS
NO.100, 1ST MAIN, 5TH CROSS,
LAKSHMIPURA,
BENGALURU-560 009.
REP. BY ITS SECRETARY
BASAVARAJU M,
8
AGED ABOUT 45 YEARS,
BLW NO-422.
28. SRI. NANJUNDESHWARA CCS (BRANCH)
NO.15, 2ND MAIN, MARKANDAI LAYOUT,
BENGALURU -560 026,
REP. BY ITS SECRETARY
BASAVANNA M
AGED ABOUT 56 YEARS,
BLW NO.408.
29. SRI. NANJUNDESHWARA CCS
NO.37, 7TH CROSS, AJAD NAGAR,
CHAMRAJPET,
BENGALURU -560 019,
REP. BY ITS SECRETARY
BASAVANNA M
AGED ABOUT 54 YEARS,
BLW NO-387.
30. MARUTHI E B CCS
NO.102, 3RD MAIN, 3RD CROSS,
MARUTHI NAGAR,
BAPUJI NAGAR,
BENGALURU -560 026
REP BY ITS SECRETARY
M.SHIVANNA,
AGED ABOUT 54 YEARS,
BLW NO.411.
31. VITTAL NAGAR RCHS
NO.16/2, 2ND MAIN, VITTAL NAGAR,
BENGALURU-26
REP BY ITS SECRETARY,
MUNIRAJU.M,
AGED ABOUT 43 YEARS,
BLW NO.398.
9
32. AVALALLI CCS (BRANCH)
NO.438, VEERANNA GUDDE
AVALAHALLI LAYOUT,
KASTURABHA COLONY,
BENGALURU -85
REP BY ITS SECRETARY
RAMAKRISHNA P.G.
AGED ABOUT 54 YEARS,
BLW NO-414
33. HANUMAN STORES
PADMAVATHI,
W/O. LATE MUNIRAJU,
AGED ABOUT 61 YEARS,
BYATARAYANAPURA,
BENGALURU -26
BLW-373.
34. SRI. NANJUNDESHWARA BSS (BRANCH)
NEW TIMBER LAYOUT BRANCH,
NEW TIMBER LAYOUT,
MYSORE ROAD,
BENGALURU -26,
REP. BY ITS SECRETARY,
BASAVANNA M.
AGED ABOUT 53 YEARS,
BLW NO.389.
35. BAPUJI CCS
NO.27, 1ST MAIN, KASTURI NAGAR,
KASTURABA NAGAR,
BENGALURU -26.
REP. BY ITS SECRETARY,
H ANAND,
AGED ABOUT 44 YEARS,
BLW NO.-404.
10
36. MANJUNATHA SWAMY STORES
NO.338, BAPUJI NAGAR,
BENGALURU -26,
REP. BY ITS SECRETARY,
G.K.SHIVAKUMAR,
AGED ABOUT 56 YEARS,
BLW NO.368.
37. NEW GUDDADAHALLI CCS
NO.24, 4TH CROSS,
NEARU ROAD,
N G HALLI,
BENGALURU -26,
REP BY ITS SECRETARY,
RAMACHANDRA,
AGED ABOUT 54 YEARS,
BLW NO.-028.
38. NEW GUDDADAHALLI CCS (BRANCH)
N G HALLI,
BENGALURU -26,
REP BY ITS SECRETARY,
RAMACHANDRA,
AGED ABOUT 44 YEARS,
BLW NO. 30
39. VEERABHADRA MAHILA
SEVA SANGA
NO.43/3, 4TH MAIN,
PANTARA PALYA
MYSORE ROAD
BENGALURU-39
REP BY ITS SECRETARY
YASHODA
AGED ABOUT 54 YEARS
BLW NO.406
11
40. N. PRAKASH
S/O LATE MOTAPPA
AGED ABOUT 56 YEARS
NO.88, NAYANDAHALLI VILLAGE
TOTADA ROAD,
MYSORE ROAD
BENGALURU- 39
BLW NO-388.
41. VENKATESHWARA STORES
SRI. V. HANUMATHA
S/O. LATE VENKATANARASIMAHAI
AGED ABOUT 48 YEARS
NO.25, PANTARAPALYA
BENGALURU -39
BLW NO-407.
42. CHAMUNDESHWARI BSS
GG ALLI,
REP BY ITS SECRETARY
ABDUL SUKUR
AGED ABOUT 59 YEARS
BLW NO -171.
43. JJR CCS(JAGAJEEVANA RAMANAGRA)
JJR NAGAR, BENGALURU -26
REP BY ITS SECRETARY
SHIVA MADAIAH
AGED ABOUT 54 YEARS
BLW NO-121.
44. AWCCS(AVALAHALLI WOMENS
CONSUMER CO OPERATIVE
SOCIETY, SHAMANNA GARDEN
NO.27, PIPELINE ROAD
SHAMANNA GARDEN
BENGALURU -26
12
REP BY ITS SECRETARY
NOOR JAAN
AGED ABOUT 35 YEARS
BLW NO-67.
45. AWCCS(BRANCH)
SHAMANNA GARDEN
BENGALURU -26
REP. BY ITS SECRETARY
NOOR JAAN
AGED ABOUT 35 YEARS
BLW NO.-66
46. MANJUNATHA MAHILA SEVA SANGHA
NO.6, 3RD CROSS,
SHAMANNA GARDEN,
BENGALURU -26
REP. BY ITS SECRETARY
K. H. LEELAVATHI
AGED ABOUT 54 YEARS
BLW NO.58
47. KUVEMPU NAGARA
MAHILA SANGHA
NG HALLI, BENGALURU -26
REP. BY ITS SECRETARY
K Y SUSHEELA
AGED ABOUT 53 YEARS
BWL NO.32
48. INDIRAJA MAHILA SAMAJA
N G HALLI, BENGALURU -26,
REP. BY ITS SECRETARY
MAHALAKSHMI
AGED ABOUT 43 YEARS
BWL NO.048
13
49. MANJUNATHA RCHS
NG HALLI, MYSORE ROAD
BENGALURU -560 026,
REP BY ITS SECRETARY
K Y JANAKI
AGED ABOUT 58 YEARS
BLW NO.051
50. RKB STORES
KRISHNAMURTHY BHAT
AGED ABOUT 45 YEARS
JJR NAGAR,
BENGALURU -26
BLW NO-49.
51. K. HARIS STORE
VALMIKI NAGAR,
BENGALURU-26,
K. HARIS
AGED ABOUT 50 YEARS,
BLW NO-057
52. MARUTHI CCS
RAGHAVA NAGAR,
BENGALURU - 26
REP. BY ITS SECRETARY
KUMAR M
AGED ABOUT 51 YEARS,
BLW NO-375.
53. NWCCS (BRANCH)
KASTURABA LAYOUT,
MYSORE ROAD,
BENGALURU -26,
REP. BY ITS SECRETARY
HARISH K
AGED ABOUT 44 YEARS,
14
BLW NO-413
54. VENKATESHWARA STORES
KASTURABA NAGAR,
BENGALURU - 26,
REP BY ITS SECRETARY
KANTHARAJU
AGED ABOUT 34 YEARS,
BLW NO-403.
55. FAIZAL STORES
S/O LATE. ABDUL MAZID
AGED ABOUT 45 YEARS,
KASTURABA NAGAR,
BENGALURU - 26
REP BY ITS SECRETARY
MOHD. FAIZAL
AGED ABOUT 40 YEARS,
BLW NO-399.
56. YOUTH CARD HOLDERS SOCIETY
RPC LAYOUT, BENGALURU- 40
REP BY ITS SECRETARY
KISHORE
AGED ABOUT 45 YEARS,
BLW NO-149
57. NETHAJI MAHILA KANNADA SANGHA
GANAPATHI NAGAR
BENGALURU -26.
REP BY ITS SECRETARY
MAHADEVAMMA
AGED ABOUT 47 YEARS
BLW NO-377.
58. GAVIPURAM BSS
KASTURABA NAGAR
15
BENGALURU - 26.
REP BY ITS SECRETARY
BASAVARAJU M
AGED ABOUT 46 YEARS
BLW NO-046.
59. MANIKANTA STORES
CT HALLI, BENGALURU,
REP. BY ITS SECRETARY
VIJAYAKUMAR
AGED ABOUT 52 YEARS
BLW NO-158.
60. KRISHNA STORES
GG PALYA, BENGALURU-22,
REP BY ITS SECRETARY
G M GOPALA
AGED ABOUT 44 UEARS
BLW NO-309
61. LAKSHMINARAYAN STORES
PADARAYANAPURA
BENGALURU -26,
REP BY ITS SECRETARY
LAKSHMINARAYANA
AGED ABOUT 46 YEARS
BLW NO-364.
62. ADHIJAMBAVA
KSHEMABAHIVRUDI SANGHA
KENGERI NEWTOWN,
BENGALURU - 60
REP BY ITS SECRETARY
M MUNIYAPPA
AGED ABOUT 57 YEARS
BLW NO - 409.
16
63. MAHILA RCHS
CANARA BANK COLONY
SHIVANANDA NAGARA
BENGALURU -72
REP BY ITS SECRETARY
LATH S
AGEDA BOUT 30 YEARS
BLW NO.164.
64. G PREMAKUMARI
W/O SIDDAIAH S
AGED ABOUT 48 YEARS
OG HALLI,
BENGALURU -26
BLW NO.062.
65. VENKATESHWARA STORES
PADARAYANAPURA
BENGALURU -26,
REP BY ITS SECRETARY
SURENDRA KUMAR T R
AGED ABOUT 43 YEARS
BLW NO.362
66. AHMAD SHARIFF STORES
NO.54, 2ND CROSS,
PADARAYAPURA,
BENGALURU -26
REP BY ITS SECRETARY
AHMED AHARIFF
AGED ABOUT 37 YEARS
BLW NO.180.
67. N. K. STORES
SRI. HAROON RASHEED
S/O MOHD. IBRAHIM
AGED ABOUT 47 YEARS
17
PADARAYANAPURA
BENGALURU -265,
BLW NO.357.
68. VIJAYANAGARA KANNADA MAHILA SANGHA
NO.236/3, 9TH MAIN,
VIJAYANAGAR,
BENGALURU -40,
REP. BY ITS SECRETARY
NANJUNDAYYA
AGED ABOUT 46 YEARS
BLW NO.348
69. VALMIKINAGAR RCHS
VIJAYANAGAR,
RPC LAYOUT
BENGALURU,
REP. BY ITS SECRETARY
SRI. RANGANNA
AGED ABOUT 44 YEARS
BLW NO.53
70. VINAYAKA CARD HOLDERS SOCIETY
NO.69,3RD CROSS,
CHOLARAPALYA,
BENGALURU -23
REP. BY ITS SECRETARY
SRI. RENUKAIAH
AGED ABOUT 43 YEARS
BLW NO.138
71. YADAVA MAHILA SEVA SANGHA
NO.49, 2ND CROSS,
1ST MAIN ROAD,
CHENNIGAPPA LAYOUT,
KAMAKSHIPALYA,
BENGALURU,
18
REP. BY ITS SECRETARY
RAMESH
AGED BOUT 43 YEARS
BLW NO.207
72. CHOLARAYANAPALYA
MAHILA KSHEMABIVRUDHI SANGHA,
NO.284,1ST MAIN ROAD,
12TH CROSS,
CHOLARAYANAPALYA
BENGALURU,
REP.BY ITS SECRETARY
SMT.LOLAMMA
AGED ABOUT 51 YEARS
BLW NO.135.
73. LAKSHMINARASIMHA MAHILA SANGHA
FAIR PRICE SHOP NO.BLW -257
HEGGANAHALLI,
BENGALURU -560 096,
REP BY ITS SECRETARY
SMT. NAVYA G N
AGED ABOUT 27 YEARS
BLW NO.257.
74. GANGONDANAHALLI
GRAMABHIRUDDI SANGHA
G G HALLI
BENGALURU -560 039
REP BY ITS SECRETARY
SHIVALINGU A
AGED ABOUT 56 YEARS
BLW NO.000.
... PETITIONERS
(BY SRI. NAGARAJA N NAIDU, ADVOCATE)
19
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF FOOD CIVIL
SUPPLIES & CONSUMER AFFAIRS,
VIKASA SOUDHA,
BENGALURU - 560 001,
REPTD. BY ITS PRINCIPAL SECRETARY.
2. THE COMMISSIONER FOR
FOOD & CIVIL SUPPLIES,
CUNNINGHAM ROAD,
BENGALURU - 560 001.
3. THE ADDITIONAL DIRECTOR,
FOOD AND CIVIL SUPPLIES,
CUNNINGHAM ROAD,
BENGALURU - 560 001.
4. THE DEPUTY DIRECTOR
FOR FOOD & CIVIL SUPPLIES,
WEST RANGE,
BENGALURU - 560 010.
... RESPONDENTS
(BY SRI. A.G. SHIVANNA, AAG
A/W SRI. A.C. BALARAJ, ADVOCATE)
***
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO CALL FOR RECORDS FROM THE OFFICE OF THE
RESPONDNETS; QUASH THE ORDER DATED:28.02.2017
PASSED BY THE R-3 IN NO SET ASIDE THE ORDER
DATED:28.02.2017 VIDE ANNEXURE-K TO K73 AND ETC.,
20
THESE PETITIONS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners have challenged the third respondent's order, dated 28.02.2017 (Annexures 'K' to 'K75') cancelling the authorization earlier granted to them to run the fair price depots.
2. Sri A G Shivanna, learned Additional Advocate General submits that the impugned orders are challenged by way of appeal before the second respondent. As the second respondent was not available, the petitioners have also filed these writ petitions. He submits, on instructions, that the second respondent is now available for considering the appeals filed by the petitioners.
3. Recording his submissions, I dispose of these petitions with a direction to the respondent No.2 to dispose of the appeals filed by the petitioners in accordance with law as 21 expeditiously as possible and after affording an opportunity of hearing to the petitioners.
4. On 9.3.2017 this Court has granted interim stay of the operation, execution and implementation of the impugned orders. To safeguard the interests of the petitioners during the period of interregnum, i.e., between today, the date of disposal of these petitions and the date of disposal of the I.A.s for stay, I deem it necessary to extend the effect of interim stay for a period of three weeks or until the disposal of their said I.A.s by the second respondent Appellate Authority, whichever is earlier. The respondent No.2 shall dispose of the said I.A.s for stay within three weeks from today.
5. The petitioners and/or their respective learned advocates shall appear before the respondent No.2 at 3'O clock on 06.07.2017 without waiting for any notice from him.
6. The learned Government Pleader, Sri A. C. Balaraj undertakes to keep the petitioners' learned advocates 22 informed of the next date of appearance of the petitioners (06.07.2017) before the respondent No.2.
7. Now that main matter is disposed of, nothing survives for consideration of I.A. No.1/2017 for vacating stay. It is dismissed as having become unnecessary.
Sd/-
JUDGE ykl