Karnataka State Government Fair Price vs The State Of Karnataka on 30 October, 2012

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Karnataka High Court

Karnataka State Government Fair Price vs The State Of Karnataka on 30 October, 2012

Bench: Dilip B Bhosale

                             1



      IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 30TH DAY OF OCTOBER 2012

                        BEFORE

       THE HON'BLE MR. JUSTICE DILIP B BHOSALE

            WRIT PETITION NO. 41387 OF 2012

BETWEEN

KARNATAKA STATE GOVERNMENT FAIR PRICE
SHOP DEALER ASSOCIATION (R)
REPRESENTED BY ITS PRESIDENT
SHRI. T. KRISHNAPPA
NO. 2698, 11TH MAIN
2ND STAGE, D, BLOCK
RAJAJINAGAR
BAMGALORE                           ... PETITIONER

(BY SRI. SHANMUKHAPPA, ADV., FOR KESVY & CO., )

AND

1. THE STATE OF KARNATAKA
   DEPARTMENT OF FOOD AND CIVIL SUPPLIES
   REPRESENTED BY ITS
   PRINCIPAL SECRETARY
   VIDHANASOUDHA
   BANGALORE - 560 001.

2. THE COMMISSIONER
   DEPARTMENT OF FOOD AND CIVIL SUPPLIES
   AND CONSUMER AFFAIRS
   BANGALORE - 560052.

3. THE ASSISTANT DIRECTOR
   FOOD AND CIVIL SUPPLIES
   TUMKUR CITY
   TUMKUR - 571112                      ... RESPONDENTS

(BY SRI. M. KESHAVA REDDY, AGA FOR R1 TO R3) 2 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.08.2012 VIDE ANNEXURE -A. DIRECT THE RESPONDENTS TO CANCEL THE INSTALLATION OF THE BIO METRIC MACHINES AT THE FAIR PRICE SHOPS WITHOUT COMPLETING THE PROCESS OF DATA COLLECTION OF THE CONSUMERS/CARD HOLDERS ETC., THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

PC:

The petitioners association, in the present writ petition seeks the following reliefs :

1) Issue a writ of certiorari quashing the order dated 4.8.2012 vide ANNEXURE-A issued by respondent no.3;

2) Issue a Writ of Mandamus directing the respondents to cancel the installation of the Biometrics Machines at the Fair Price shops without completing the process of Data Collection of the Customers/card holders.

2. Learned counsel for the petitioners, on instructions, submits that the members of their association are not against installation of Biometric 3 machines at their fair price shops. He submits, for better and effective working of the Biometric machines some more data of the card holders would be necessary and if that is collected, it would help to achieve the objective of using these machines in fair price shops. He submits that the association has already made a representation, making such request to the Prl. Secretary, Food & Civil Supplies, Government of Karnataka. He submits that the petitioners would be satisfied if directions are given to the Prl. Secretary to consider their request.

3. I have perused the order dated 4.8.2012 and so also the other annexures to the petition. It appears, and I am satisfied, that installation of Biometric machines at fair price shops would definitely help to curb malpractice in distribution of grains and it is necessary in the interest of cardholders. That apart even the petitioners are not against installation of Biometric machines. Their demand for collecting further data of the card holders needs to be examined by the concerned 4 authority for effective working of Biometric machines. I have perused the representation. In the representation the petitioners have made several demands. I would not like to examine their request / demands made in the representation, and I am satisfied that the following order shall meet the ends of justice:

4. The concerned authority shall consider the petitioners' representation, as expeditiously as possible and preferably within a period of eight weeks from the date of receipt of this order. Petitioners' association is directed to produce copy of this order along with the copy of the writ petition and annexures before the concerned authority within a period of two weeks from today.

5. This order shall not be construed to mean that till petitioners' representation is considered and decided, the members of the petitioners association are exempted from installing Biometric machines at their fair price shops. In other words, this order shall not 5 operate as stay to the installation of Biometric machines at fair price shops in the State of Karnataka.

6. I hope and trust that the concerned authority shall consider the demands/request made by the petitioners association in proper perspective, and if necessary, shall grant an opportunity of hearing to their representatives.

With these observations, the petition is disposed of.

Sd/-

JUDGE SAK

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