Karnataka High Court
D. K. Kemparaju vs The State Of Karnataka on 6 July, 2017
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY 2017
BEFORE
THE HON'BLE MR.JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION Nos.10388-10476 OF 2017 (GM-PDS)
BETWEEN :
1. D.K.KEMPARAJU,
S/O. LATE G.KUMARAYYA,
AGED ABOUT 57 YEARS,
R/AT NO.8/1-4,
2ND MAIN, 2ND CROSS, CHRIST SCHOOL,
A.K. COLONY, S.G. PALYA,
BANGALORE-560 002.
2. ASHA WOMEN'S CCS
NO.182, SARABANDEPALYA,
SUBRAMANYAPURA ROAD,
BANGALORE-560 082.
REP. BY ITS SECRETARY,
T.M. VENKATESH.
3. P.G.GUPTA STORE,
NO.312, 28TH MAIN ROAD,
37TH CROSS, 9TH BLOCK,
JAYANAGAR,
BANGALORE-560 078,
REP. BY ITS SECRETARY,
ASHWATH NARAYANA GUPTHA.
4. N.R.BABU,
S/O. NARASIMHAMURTHY,
AGED ABOUT 56 YEARS,
NO.707, 1ST CROSS,
KAVERI NAGAR,
-2-
BANASHANKARI 2ND STAGE,
BANGALORE-560 078.
5. PRAKRUTHI SEVA SAMAJA
NO.7/41, 11TH MAIN ROAD,
13TH CROSS, PADMANABHA NAGAR,
BANGALORE-560 070,
REP. BY ITS SECRETARY,
SRI. THIMESH PRABHU.
6. JAYANAGAR CORPORATION
COLONY SOCIETY,
NO.674, CORPORATION COLONY,
JAYANAGAR, BANGALORE,
REP. BY ITS SECRETARY,
MINESHAJIVAIAH.
7. BANASHANKARI 2ND STAGE,
CONSUMER CO-OPERATIVE SOCIETY,
NO.7/1, TEACHERS COLONY,
BANASHANKARI,
BANGALORE,
REP. BY ITS SECRETARY,
S.R.MOHD SALIM.
8. BANASHANKARI
CONSUMER CO-OPERATIVE SOCIETY,
NO.61, 11TH MAIN ROAD,
KUMAR SWAMY LAYOUT, 2ND STAGE,
BANGALORE,
REP. BY ITS SECRETARY,
S.R.MOHD SALIM.
9. BANASHANKARI MAHILA CCS
NO.76, 45TH CROSS,
UPADYAYARA,
BANGALORE-560 009,
REP. BY ITS SECRETARY,
K.NARAYANA.
-3-
10. ASHOKA GRAMODYOGA
SAHAKARA SANGHA
NO.1, 1ST MAIN ROAD,
BTM 1ST STAGE, OLD MADIVALA,
BANGALORE-560 084,
REP. BY ITS SECRETARY,
SAMPATH KUMAR.
11. VIJAYALAKSHMI WOMEN CCS
J.P. NAGAR, 1ST PHASE,
NO.154, SUBBAMMA CIRCLE,
BEHIND OXFORD POLYTECHNIC,
BANGALORE-560 078,
REP. BY ITS SECRETARY,
P.BALAJI.
12. TILAK NAGAR YOUTH ASSOCIATION
TILAK NAGAR,
BANGALORE-560 041,
REP. BY ITS SECRETARY,
PRASANNA KUMAR.
13. SRI. MAHESHWARI LADIES
CO-OPERATIVE SOCIETY
NO.53, 1ST MAIN,
BALAJI LAYOUT,
SUDDAGUNTE PALYA,
BANGALORE,
REP. BY ITS PRESDIENT,
MAMTHA.
14. SRI. VENKATESHWARA
RATION CARD HOLDERS SOCIETY,
NO.1553, 7TH MAIN ROAD,
BTM 2ND STAGE,
BANGALORE-560 068,
REP. BY ITS SECRETARY,
SRI. PRASANNA KUMAR.
-4-
15. KORAMANAGALA RCHS
NO.1061, 7TH "A" MAIN,
1ST STAGE, KORAMANGALA,
BANGALORE-560 034,
REP. BY ITS SECRETARY,
SRI. Y.M.NAGARAJA.
16. SRI. VINAYAKA STORES
NO.23, APPAYYA COMPOUND,
NEAR GOVT. SCHOOL,
VENKATAPURA,
KORAMANGALA,
BANGALORE-560 034,
REP. BY ITS SECRETARY,
SMT. JALAJAKSHI.
17. SRI. CHAMUNDESHWARI CCS
NO.525, 9TH CROSS,
7TH BLOCK, JAYANAGAR,
BANGALORE,
REP. BY ITS SECRETARY,
TANUJA.
18. TULASI MAHILA BALAKEDARARA
SAHAKARA SANGHA,
NANJAPPA LAYOUT,
HALEMADIVALA,
BANGALORE,
REP. BY ITS SECRETARY,
SAMPANGIRAMAIAH. C
19. SRI. CHOWDESHWARI STORES
NO.3, 7TH MAIN,
24TH "A" CROSS,
KARISANDRA,
BSK 2ND STAGE,
BANGALORE-560 070,
REP. BY ITS SECRETARY,
S.KRISHNA.
-5-
20. LIBERTY CCS
NO.23/A, UMARBAG LAYOUT,
VIVEKANANDA COLONY,
BANGALORE-560 078,
REP. BY ITS SECRETARY.
SHAFI.
21. K.S.SHANKAR
S/O. LATE K.SEETHAPATI,
AGE MAJOR,
NO.16, 3RD CROSS,
VENKATASWAMY REDDY LAYOUT,
NEAR SHIVA TALKIES, 8TH BLOCK,
KORAMANGALA,
BANGALORE-560 095.
22. THYAGARAJA NAGARA
RATION CARD HOLDERS SOCIETY,
NO.227-2B, BYYAPPA BLOCK,
4TH CROSS, 2ND MAIN,
T.R. NAGARA,
BANGALORE-560 028.
REP. BY SECRETARY,
SMT. CHITHRA.
23. M/S. RATION CARD HOLDERS
BALAKEDARARA SAHAKARA SANGHA,
NO.187/B, JUMMA MASJID ROAD,
ILIYANA NAGAR,
BANGALORE,
REP. BY ITS SECRETARY,
SYED MOULANA.
24. JAYANAGAR CCS LTD.,
8TH BLOCK, No.645,
1ST MAIN ROAD, JAYANAGAR,
BANGALORE-560 082,
REP. BY ITS SECRETARY,
SRI. B.S.HEMANTH KUMAR.
-6-
25. G. NAGARAJAN,
S/O. LATE C.M.GANESH,
AGED ABOUT 66 YEARS
NO.10/9, 12/9, 16TH A MAIN,
1ST BLOCK, EAST
JAYANAGAR, BYRASANDRA,
BANGALORE.
26. MANJUNATHA C C S
NO.71, 6TH MAIN,
BANNERGHATTA ROAD,
GURUAPPANA PALYA,
BANGALORE-506 029.
REP. BY ITS SECRETARY
J.BHASKAR.
27. VIJAYA LAKSHMI CCS LTD.
NO.69, 26TH CROSS, 4TH MAIN,
BSK 2ND STAGE,
BANGALORE-560 070.
REP BY ITS SECRETARY
SRI. VENUGOPAL.
28. SRI. DEVI CCS
NO.1149, 1ST CROSS, 18TH MAIN,
MARENAHALLI TANK ROAD,
JAYANAGAR,
BANGALORE-560 041.
REP. BY ITS SECRETARY
SRI. MARAPPA.
29. THYAGARAJA NAGAR TNFCS
NO.190/1, 12TH CROSS, 3RD BLOCK,
THYAGARAJA NAGAR,
BANGALORE-506 028.
REP. BY ITS SECRETARY
JYOTHI.
30. MANJUNATHA CCS (BRANCH)
NO.6, NEW GURRAPPANAPALYA,
-7-
BANGALORE-506 029.
REP. BY ITS SECRETARY
SRI. J.BHASKAR.
31. SRI. VAJRESHWARI MAHILA CCS
NO.66/1, ASHWATH KATTE ROAD
OLD GURRAPANAPALYA,
BANGALORE-560 029.
REP. BY ITS SECRETARY
SMT. A.REVATHI.
32. SC/ST WOMENS CCS LTD.
NO.514, 29TH A MAIN,
CORPORATION COLONY,
9TH BLOCK, JAYANAGAR,
BANGALORE-560 069.
REP. BY ITS SECRETARY
A.LALITHA.
33. BYRASANDRA CCS
NO. 34, VIVEKNAGAR POST,
KORAMANGALA,
BANGALORE 560047,
REP. BY ITS SECRETARY,
SRI. RAVINDRA.
34. BYRASANDRA CCS
NO.168, 3RD CROSS, 1ST BLOCK,
EAST JAYANAGAR,
BANGALORE 560011
REP BY ITS SECRETARY,
SRI. RAVINDRA.
35. BYRASANDRA CCS
NO. 35, SAMATHA NAGARA,
VIVEKNAGAR POST,
BANGALORE 560047,
REP. BY ITS SECRETARY,
SRI. RAVINDRA.
-8-
36. SHEEBHA STORES
NO.187, 10TH B MAIN ROAD,
1ST BLOCK, JAYANAGAR,
BANGALORE,
REP. BY ITS SECRETARY,
SMT. MALATHI
37. SRIDEVI MAHILA CCS LTD.,
NO.135, 2ND MAIN,
AMBEDKAR NAGAR,
3RD STAGE, KORAMANGALA,
BANGALORE-560 047,
REP. BY ITS SECRETARY,
SMT. SHABANA.
38. BYRASANDRA CCS (BRANCH)
NO.280, 10TH CROSS,
AMBEDKAR NAGAR,
KORAMANGALA,
BANGALORE,
REP. BY ITS SECRETARY,
SRI. RAVINDRA.
39. BYRASANDRA CCS
NO.20/1, 3RD MAIN,
BYRASANDRA 1ST BLOCK,
JAYANAGAR,
BANGALORE,
REP. BY ITS SECRETARY,
SRI. RAVINDRA.
40. NAGARAJ STORES
NO.84, 2ND CROSS,
TAVAREKERE MAIN ROAD,
CHICKA ADUGODI,
BANGALORE-560 081,
REP. BY ITS SECRETARY,
G.C.RAJASHEKAR.
-9-
41. PADMASHREE CCS
NO.301, 9TH MAIN ROAD,
J.P.NAGAR,
BANGALORE,
REP. BY ITS SECRETARY,
SRI. V.MANJUNATH.
42. BPRMA
NO. 72, PARAMAHAMSA ROAD,
BENDRE NAGAR, KADRENHALLI,
BANGALORE-560 070,
REP. BY ITS SECRETARY,
Y.H.JANARDHAN.
43. KGNMPA
NO.1814, 12TH MAIN ROAD,
33RD CROSS, BSK 2ND STAGE,
BANGALORE-560 070.
REP. BY ITS SECRETARY,
SRI. T.VENKATESH.
44. K G N M P A BRANCH
(KEMPEGOWDA NAGARA MILK PRODUCT
ASSOCIATION),
NO.1814, 33RD CROSS,
BSK 2ND STAGE,
BANGALORE-560 070.
REP. BY ITS SECRETARY,
SRI. T. VENKATESH.
45. K.P.SYED BHAKSHI
S/O. LATE PEER SAB,
AGED ABOUT 63 YEARS,
NO.13/D, 9TH MAIN,
YARABNAGAR,
BSK II ND STAGE,
BANGALORE.
46. T.M.MHOD. SHAFI ULLA
S/O. LATE J.A.MOHD. KHAN,
- 10 -
AGED ABOUT 63 YEARS,
18, 1ST MAIN ROAD,
2ND CROSS, UMARBHAG LAYOUT,
BANGALORE-560078
47. NANDINI BALAKEDARA SAHAKARA SANGHA
SHOP NO.124,
GOWDARAPALYA,,
GANESHA TEMPLE,
BANGALORE-560070
REP. BY ITS SECRETARY,
SMT. MAHESHWARI.
48. NANDINI BALAKEDARA SAHAKARA SANGHA
SHOP NO.27,
NO.12/A, 4TH CROSS,
7TH MAIN, SB COLONY,
BSK 3RD STAGE,
BANGALORE-560085
REP. BY ITS SECRETARY,
SMT. MAHESHWARI
49. MOOKAMBIKA CCS
NO.3/1, 1ST MAIN ROAD,
TURUVEKERE,
BANGALORE,
REP. BY ITS SECRETARY,
SMT.SUDHA D.S
50. HOSAKEREHALLI BALAKEDARARA
SAHAKARA SANGHA
NO.60/5, HOSAKERE ALLI,
UTTARAHALLI HOBLI,
BSK 3RD STAGE, BANGALORE-560085
REP. BY ITS SECRETARY,
SRI.SRIKANTH.
51. V.RAMESH
S/O. LATE H.VENKATESH,
AGED ABOUT 45 YEARS,
- 11 -
NO.01, 5TH CROSS, 1ST MAIN ROAD,
KADIRENAHALLI, BSK 2ND STAGE,
BANGALORE-560085
52. VINAYAKA CCS
NO.728, NEAR SHIVA THEATER,
BHUVANESHWARI ROAD,
KORAMANGALA,
BANGALORE,
REP. BY ITS SECRETARY,
N.GURUPRASAD.
53. RATION CARD HOLDERS CCS
NO.221, 25TH MAIN,
BTM 2ND STAGE,
BANGALORE,
REP. BY ITS SECRETARY,
SRI.MUNIRAJU.
54. JAYANAGARA CORPORATION COLONY
CARD HOLDERS SOCIETY,
NO.1, SRINIVASULU,
VIVEKANAGARA,
BANGALORE,
REP. BY ITS SECRETARY,
MUNINANJAPPA.
55. TAVAREKERE RCCS
NO.108/3, TAVAREKERE MAIN ROAD,
BANGALORE-560018.
REP BY ITS PRESIDENT,
SRI.DEVARAJ M
56. EAST END CCS
NO.1732, 39TH A CROSS,
EAST END A MAIN ROAD,
9TH BLOCK, JAYANAGAR,
BANGALORE-560069.
REP. BY ITS SECRETARY,
D.G.PRABHU KUMAR
- 12 -
57. 9TH BLOCK CCS
NO.1882, 22ND MAIN ROAD,
41ST A CROSS, 4TH T BLOCK,
JAYANAGAR,
BANGALORE-560041.
REP. BY ITS SECRETARY,
K.DANDAPANI
58. SRI. THIRUMALESHWARA CCS
NO.225, SHOP NO.3
CHICKAGOWDANA PALYA,
BANGALORE-560061.
REP BY ITS SECRETARY,
SRI.SURESH D.
59. J.P.NAGAR IIND STAGE CCS
NO.118, KSRTC LAYOUT,
J.P.NAGAR,
BANGALORE-560078.
REP. BY ITS SECRETARY,
SMT. JAYALAKSHMI.
60. BANASHANKARI WOMEN CONSUMER SOCIETY
NO.114, CHICKA ADUGODI,
TAVAREKERE MAIN ROAD,
BANGALORE-81,
REP. BY ITS SECRETARY,
SRI.CHANDRAPPA.
61. SMT. KEMPAMMA
W/O. VENKATESH,
AGED ABOUT 67 YEARS,
NO.21, 2ND CROSS,
BOVI COLONY, S.G.PALYA,
BANGALORE - 29.
62. RAGHAVENDRA STORE (BLS-109)
NAVANEETHA
W/O. GOPI
- 13 -
SHASTRI NAGAR
BANGALORE - 70.
63. IMAM B
NO. 602, 6TH CROSS,
3RD STAGE, AMBEDKER NAGAR,
KORAMANGALA SLUM,
BANGALORE - 560 047.
64. SUDHA MAHILA BALAKEDARA SANGHA
NO-1, PADMA SHOPING COMPLEX,
SITE NO. 201,
GIRINAGAR, BANGALORE.
REP. BY SECRETARY
SMT. HEMAVATHI.
65. BHUVANESHWARI CONSUMER
CO-OPERATIVE SOCIETY,
NO.1ST CROSS, RAMAPPA LAYOUT,
BUVANESHWARI NAGAR,
BANGALORE - 560 085.
SHOP NO. BLS-68
REP. BY ITS SECRETARY
ANIL KUMAR
AGED ABOUT 28 YEARS,
66. BHUVANESHWARI CONSUMER
CO-OPERATIVE SOCIETY,
NO.18/110, PURNA PRAGNA LAYOUT,
BUVANESHWARI NAGAR,
BANGALORE - 560 085.
SHOP NO. BLS-69,
REP. BY ITS SECRETARY
SRI. ANIL KUMAR.
67. BHUVANESHWARI CONSUMER
CO-OPERATIVE SOCIETY,
NO.41, BUVANESHWARI NAGAR,
PWD MAIN ROAD, ITAMADUGU VILLAGE,
BANGALORE - 560 085.
- 14 -
SHOP NO. BLS - 79,
REP. BY ITS SECRETARY
SRI. ANIL KUMAR.
68. MALLIKARJUNA STORES
NO. 31, VENKATASWAMY LAYOUT,
KORAMANGALA 8TH BLOCK,
BANGALORE - 560 085.
SRI. M MALLAIAH,
AGED ABOUT 55 YEARS.
69. IMRAN ENTERPRISES
NO.190, 5TH MAIN,
KSRTC LAYOUT,
JP NAGARA 2ND PHASE,
BANGALORE-560078.
REP. BY ITS SECRETARY,
N A KHAN,
AGED ABOUT 55 YEARS.
70. S S GOVINDARAJU GUPTA
S/O. R SRINIVASA MURTHY,
AGED ABOUT 50 YEARS,
NO.3697, 9TH MAIN ROAD,
10TH CROSS, KAVERI NAGAR,
BSK IIIRD STAGE,
BANGALORE-560070.
71. K.KRISHNA,
S/O. C.KALYAN RAJ,
AGED ABOUT 76 YEARS,
GAJANANA STORES,
NO.867, 2ND CROSS,
3RD MAIN ROAD, KALIDASANAGAR,
HOSAKEREHALLI,
BSK 3RD STAGE,
BANGALORE-560085.
72. GAJANANA CCS
NO.2, 1ST MAIN ROAD,
- 15 -
VEERABHADRA NAGARA,
BANASHANKARI 3RD STAGE,
BANGALORE-560085.
REP. BY ITS SECRETARY,
S.VENKATESH.
73. SREE RAMA CCS LTD
NO.4, 2ND CROSS,
ANGAPPA GARDEN,
EGPURA, BANGALORE-560085.
REP. BY ITS SECRETARY,
SRI.T.DEVRAJ,
AGED ABOUT 48 YEARS.
74. SRI NANJUNDESHWARA BALAKEDARARA
SAHAKARA SANGHA,
NO.36, LALAJINAGAR,
1ST MAIN ROAD,
BANGALORE-560030
REP. BY ITS SECRETARY,
SRI.H.G.NAGAVENI,
AGED ABOUT 45 YEARS.
75. BANAGIRI CCS
NO.85/9, 100 FEET ROAD,
NEAR PES ENGINEERING COLLEGE,
HOSAKEREHALLI, BANGALORE-560085.
G.SHOBHA,
AGED ABOUT 40 YEARS.
76. HOSAKEREHALLI BALAKEDARARA
SAHAKARA SANGHA,
NO.14/1, MOOKAMBIKA NAGAR,
BANASHANKARI 3RD STAGE,
BANGALORE-560085.
REP. BY ITS SECRETARY SRIKANTH,
AGED ABOUT 44 YEARS.
77. KEMPEGOWDANAGAR HALU
UTPADAKARA SANGHA,
- 16 -
NO.49, 1ST MAIN, 2ND CROSS,
KEMPEGOWDA LAYOUT,
KATHRIGUPPE,
BANGALORE-560019.
REP. BY ITS SECRETARY,
K.RAMU,
AGED ABOUT 30 YEARS.
78. KODANDARAMASWAMY CCS
NO.95, EGIPUR, VIVEKNAGAR,
BANGALORE-560 047.
REP. BY ITS SECRETARY
T.RAMESH,
AGED ABOUT 35 YEARS.
79. DHANALAKSHMI CCS
NO.522/2, CHINNA ROAD,
EGIPURA,
BANGALORE-560 047.
REP. BY ITS SECRETARY
SRI.SUNDARESH
AGED ABOUT 38 YEARS.
80. ARCHANA MAHILA CCS
REP. BY ITS SECRETARY,
SMT.AMMULU,
AGED ABOUT 28 YEARS,
SHOP NO.554, DIVISION 30
SRINAGARA, SOUTH RANGE,
BANGALORE-560 050.
81. ARCHANA MAHILA CCS
REP. BY ITS SECRETARY,
SMT.AMMULU,
AGED ABOUT 28 YEARS,
BL.S. 41, SOUTH RANGE,
BANGALORE-560 050.
82. MEHBOOB STORES
PROP. MOHD AKBAR SHAFF
- 17 -
AGED ABOUT 62 YEARS,
NO.96, 11TH CROSS,
SOMESHWARA NAGAR,
JAYANAGAR, 15TH BLOCK,
BANGALORE-560 011.
83. AVS CCS (ARYA VAISHYA SANGHA)
NO.496, 6TH CROSS,
LALBAGH ROAD,
SIDDAPUR,
JAYNAGAR 1ST BLOCK, BANGALORE.
REP. BY ITS SECRETARY
SRI.T.SUBRAMANI,
AGED ABOUT 43 YEARS.
84. AVS CCS (ARYA VAISHYA SANGHA)
NO.78 BKM COLONY,
LALBAGH ROAD,
SIDDAPUR, JAYNAGAR 1ST BLOCK,
BANGALORE
REP. BY ITS SECRETARY
T.SUBRAMANI,
AGED ABOUT 43 YEARS.
85. AYAPPA SWAMY CCS
NO.14, SOMESHWARNAGAR 1ST BLOCK,
BANGALORE-560 011,
REP. BY ITS SECRETARY
R.SHIVAKUMAR,
AGED ABOUT 43 YEARS.
86. ANTHONYS PEOPLE ASSOCIATION
NO.239/42, 8TH MAIN,
1ST BLOCK EAST, JAYANAGAR
BYRASANDRA,
BANGALORE-560011,
REP. BY ITS SECRETARY
SRI. GANGADHAR
AGED ABOUT 28 YEARS
- 18 -
87. RATNA STORES
T.NANJUNDA REDDY,
AGED ABOUT 48 YEARS,
NO.387/1, 14TH CROSS,
VTH MAIN ROAD, CHINNAYANNAPALYA,
BANGALORE 560030.
88. BHAVANI CONSUMER
CO-OPERATIVE (BLS-129)
SOCIETY NO.27,
BANAGIRI NAGARA,
BANASHANKARI 3RD STAGE,
BANGALORE 560085.
REP. BY ITS PRESIDENT
SMT. SUJATHA.
89. MAITHREA MAHILA CCS (BLS-111)
NO.340, 8TH CROSS, VEEDYA PEET,
BANASHANKARI 3RD STAGE
BANGALORE-560085.
REP. BY ITS SECRETARY
SMT. ANUSUYA KALASE GOWDA.
... PETITIONERS
(BY SRI. NAGARAJ N. NAIDU, ADV.)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF FOOD CIVIL
SUPPLIES & CONSUMER AFFAIRS,
VIKASA SOUDHA,
BANGALORE-560001,
REP. BY ITS PRINCIPAL SECRETARY
2. THE COMMISSIONER FOR
FOOD CIVIL SUPPLIES,
CUNNINGHAM ROAD,
BANGALORE-560052.
- 19 -
3. THE ADDITIONAL DIRECTOR,
FOOD AND CIVIL SUPPLIES,
CUNNINGHAM ROAD,
BANGALORE-560052.
4. THE DEPUTY DIRECTOR
SOUTH RANGE,
FOOD & CIVIL SUPPLIES DEPARMENT,
BANGALORE-560070.
... RESPONDENTS
(BY SRI. A.G.SHIVANNA, AAG ALONGWITH
SRI. A.C.BALARAJ, HCGP, FOR R1 TO R4)
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 RESPONDENTS, QUASH THE ORDER DATED
28.02.2017 PASSED BY THE R-3 VIDE ANNEXURE-K TO
K88.
THESE WRIT PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though this matter is listed for hearing on I.A., I have taken it up for final disposal with the consent of the learned advocates.
2. The petitioners are the holders of authorization to run the fair price shops. The respondent No.3 passed the
- 20 -
orders dated 28.2.2017 (Annexures-K to K88) canceling the authorization holding that the fake coupons are created by them by using one aadhaar number.
3. Aggrieved by the said order, the petitioners have filed the appeals before the respondent No.2. The appeal memorandums and the I.As for stay therein are collectively marked and produced as Annexure-L. As the second respondent had gone to Punjab on official duty, he has not disposed of the I.A for stay. It is under these circumstances that the petitioners have preferred these Writ Petitions.
4. Sri Nagaraj N. Naidu, the learned counsel for the petitioners, submits that the Appellate Authority has not been functioning properly. It holds its court sittings once in two-three months.
5. Sri Shivanna, the learned Additional Advocate General appearing for the respondents submits that the Appellate Authority is readily available and that he holds the Court sittings at least once a week.
- 21 -
6. On hearing the learned advocates, I dispose of the petitions with the following directions :
(i) The petitioners shall appear before the respondent No.2 at 3.0' clock on 13.7.2017 without waiting for any notice from the respondent No.2.
(ii) The respondent No.2 shall dispose of the pending appeals (Annexure-L) in accordance with law and as expeditiously as possible and in any case within an outer limit of four months from the date of the issuance of the certified copy of today's order.
(iii) The respondent No.2 is directed to dispose of the petitioners' I.As for stay within three weeks from the date of the issuance of the certified copy of today's order.
(iv) The effect of the interim order granted by this Court on 9.3.2017 is continued for a further
- 22 -
period of three weeks or till the disposal of the I.As for stay, whichever is earlier.
(v) All the contentions are left open to be urged before the second respondent Appellate Authority.
(vi) In view of the disposal of the main matter, I.A.1/2017 for vacating stay does not survive for consideration and it is accordingly dismissed.
No order as to costs.
Sd/-
JUDGE ckl ct-bl