Karnataka High Court
Usha Mahila Balakedara Sahakara Sangha vs The State Of Karnataka on 16 August, 2017
Author: A.S.Bopanna
Bench: A S Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2017
BEFORE
THE HON'BLE MR. JUSTICE A S BOPANNA
WRIT PETITION Nos.36191-36213/2017 (GM-PDS)
BETWEEN:
1. USHA MAHILA BALAKEDARA SAHAKARA SANGHA
NO 126, KATTARIGUPPE
BANGALORE - 560085
REP. BY ITS SECRETARY
SRI BYRAPPA,
AGED ABOUT 50 YEARS
BLS NO 25.
2. TILAK NAGAR YOUTH ASSOCIATION
TILAK NAGAR
BANGALORE - 560041
REP. BY ITS SECRETARY
PRASANNA KUMAR
AGED ABOUT 35 YEARS
BLS NO 155.
3. KEMPEGOWDANAGAR HALU UTPADAKARA SANGHA
NO 49, 1ST MAIN, 2ND CROSS,
KEMPEGOWDA LAYOUT,
KATHRIGUPPE, BANGALORE - 560019
REP. BY ITS SECRETARY
K RAMU S/O KALASAPPA
AGED ABOUT 30 YEARS
BLS NO - 55
4. BANAGIRI CCS
NO.85/9, 100 FEET ROAD
NEAR PES ENGINEERING COLLEGE
HOSAKEREHALLI
BANGALORE-560 085
REP. BY ITS SECRETARY
G. SHOBHA
AGED ABOUT 40 YEARS
BLS NO.64
2
5. GAJANANA CCS
NO 2, 1ST MAIN ROAD,
VEERABADRANAGARA,
BANASHANKARI 3RD STAGE
BANGALORE - 560085
REP. BY ITS SECRETARY
S VENKATESH
AGED ABOUT 49 YEARS
BLS NO 72
6. GAJANANA STORE
REP. BY ITS PROP. K KRISHNA
S/O C KALYAN RAJ
AGED ABOUT 76 YEARS
NO 867, 2ND CROSS,
3RD MAIN ROAD, KALIDASANAGAR
HOSAKEREHALLI, BSK 3RD STAGE
BANGALORE - 560085
BLS NO 73
7. VINAYAKA CONSUMER CO-OPERATIVE SOCIETY
NO 728, NEAR SHIVA THEATRE
BHUVANESHWARI ROAD,
KORAMANGALA
BANGALORE - 560075
REP. BY ITS SECRETARY
N GURUPRASAD
AGED ABOUT 45 YEARS
BLS NO 179
8. SRI CHOWDESHWARI STORES
NO 3, 7TH MAIN, 24TH A CROSS,
KARISANDSRA, BSK 2ND STAGE
BANGALORE - 560070
REP. BY ITS SECRETARY
S KRISHNAMURTHY
AGED ABOUT 48 YEARS
BLS NO 102
9. VENKATESHWARA STORE
REP. BY ITS PROP. V RAMESH
S/O LATE H VENKATESH
AGED ABOUT 45 YEARS
NO.01, 5TH CROSS, 1ST MAIN ROAD,
KADIRENAHALLI, BSK 2ND PHASE,
BANGALORE - 560085
BLS NO 119
3
10. PADMASHREE CONSUMER CO-OPERATIVE SOCIETY
NO 301, 9TH MAIN ROAD,
J P NAGAR, BANGALORE
REP. BY ITS SECRETARY
SRI V MANJUNATH
AGED ABOUT 56 YEARS
BLS NO 140
11. MYTHREYI MAHILA CONSUMER CO-OPERATIVE
SOCIETY
REP. BY ITS SECRETARY
SRI ANUSUYAKALASE GOWDA
AGED ABOUT 39 YEARS
CANNAMANAKERE ACCHUKATTU
BEHIND POLICE STATION
BSK 2ND STAGE
BLS NO - 111
12. HOSAKEREHALLI BALAKEDARARA
SAHAKARA SANGHA
NO 60/5, HOSAKEREHALLI,
UTTARAHALLI (H), BSK 3RD STAGE,
BANGALORE - 560085
REP. BY ITS SECRETARY
SRI SRIKANTH BLS NO 70
13. HOSAKEREHALLI BALAKEDARARA SAHAKARA SANGHA
NO 14/1, MOOKAMBIKA NAGAR,
BANASHANKARI 3RD STAGE,
BANGALORE - 560085
REP. BY ITS SECRETARY
SRIKANTH
AGED ABOUT 44 YEARS
BLS NO 71
14. BHUAVESHWARI CONSUMER CO-OPERATIVE SOCIETY
NO.1ST CROSS,
RAMAPPA LAYOUT
BUVANESHWARI NAGAR
BANGALORE - 560085
REP. BY ITS SECRETARY
ANIL KUMAR
AGED ABOUT 28 YEARS
BLS - 68
15. BHUVANESHWARI CONSUMER CO-OPERATIVE SOCIETY
NO 41, BUVANESHWARI NAGAR
4
PWD MAIN ROAD,
ITAMADUGU VILLAGE
BANGALORE - 560085
SHOP NO. BLS- 79
REP. BY ITS SECRETARY
SRI ANILKUMAR
AGED ABOUT 28 YEARS
BLS NO 79
16. ALMAS CONSUMER CO-OPERATIVE SOCIETY
REP. BY ITS SECRETARY
SRI SHARIFF
AGED ABOUT 45 YEARS
NO. 22, 2ND CROSS,
OPM MYSORE ROAD,
BLC- 52,
BANGALORE - 560045
17. VENKATESHWARA STORES
SRI V HANUMATHA
S/O LATE VENKATANARASIMAHAI
AGED ABOUT 48 YEARS
NO 25, PANTARAPALYA
BANGALORE - 39
BLW NO- 407
18. JJR CCS (JAGAJEEVANA RAMANAGARA)
JJR NAGAR, BANGALORE - 26
REP. BY ITS SECRETARY
SHIVA MADAIAH
AGED ABOUT 54 YEARS
BLW NO 121
19. RKB STORES
KRISHNAMURTHY BHAT
AGED ABOUT 45 YEARS
JJR NAGAR, BANGALORE - 26
BLW NO -49
20. VANNARPET CONSUMER CO-OPERATIVE SOCIETY
REP. BY ITS SECRETARY
SRI KRISHNAMURTHY
AGED ABOUT 49 YEARS
NO 45/1, BAZAR STREET, VANNARPET
BANGALORE - 560047
JM - 018
5
21. FAROOK STORES
REP. BY ITS PROP.
SRI HAROON RASHEED
S/O LATE S M BABAJAN
AGED ABOUT 52 YEARS
NO 19, SIDDARTHA NAGAR
BANGALORE - 560005
BLC - 51
22. K A RIZWAN PASHA
S/O K AHMAD BASHA
AGED ABOUT 42 YEARS
18TH MAIN,
MARENAHALLI TANK ROAD,
JALIMOHALLA
BANGALORE - 560053
BLC - 44
23. SHAZIYA BHANU
W/O SHAFI AHMED
AGED ABOUT 38 YEARS
EAST RANGE
BANGALORE - 560045
JM - 35
... PETITIONERS
(BY MS. NAVYA C D, ADV. FOR
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 AND CIVIL SUPPLIES DEPARTMENT
CUNNINGHAM ROAD
BANGALORE - 560054
3. THE ADDITIONAL DIRECTOR
FOOD AND CIVIL SUPPLIES DEPARTMENT
CUNNINGHAM ROAD
BANGALORE - 560054
6
4. THE DEPUTY DIRECTOR
SOUTH EAST & CENTRAL RANGE
BANGALORE - 560010
... RESPONDENTS
(BY SRI A C BALARAJ, HCGP.)
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
ANNE-J AND ALSO ORDER DATED 28.2.2017 PASSED BY R-3 AT
ANNEX-G TO G22.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Government Advocate to accept notice for respondents No.1 to 4 and file memo of appearance in four weeks.
2. The petitioners are before this Court assailing the orders impugned at Annexures-J and G series. The petitioners were before this Court at the earlier instance in a batch of petitions which were remanded to the authority through the order dated 06.07.2017 as at Annexure-H to the petition. While doing so, this Court had granted the benefit of the interim order and had 7 further directed consideration of the application for stay within three weeks and also to consider the main proceedings itself within the time frame as indicated therein.
3. Pursuant thereto, respondent No.2 has passed the order dated 27.07.2017 at Annexure-J rejecting the application filed by the petitioner seeking for interim stay. It is in that light the petitioners are before this Court in this petition.
4. Though contentions have been urged in these petitions, it is not in dispute that in similar set of circumstance, a Co-ordinate bench of this Court has granted the benefit of interim order till consideration of the main matter by respondent No.2. If that be the position, when at the first instance this Court had granted the benefit of the interim order and in that light had directed consideration of the IA for stay and also the 8 main matter, the benefit of the stay till the main matter is considered, was required to be granted by respondent No.2.
5. In that view, without adverting the other aspects of the matter, the order dated 27.07.2017 is set aside. The interim order granted by this Court is extended till the main matters are disposed of by respondent No.2. Insofar as the disposal of the main matter, the directions issued earlier by this Court shall be kept in view.
In terms of the above, these petitions stand disposed of.
Sd/-
JUDGE akc/bms