Karnataka High Court
Sri. B.N. Dayananda vs The Deputy Commissioner on 23 December, 2021
Author: P.S. Dinesh Kumar
Bench: P.S. Dinesh Kumar
W.P No.13559/2020 and connected petitions
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.13559 OF 2020
C/W
WRIT PETITIONS No.49849 OF 2019, 50227 OF 2019
50240 OF 2019, 51818 OF 2019, 6303 OF 2020,
6863 OF 2020, 7503 OF 2020, 7748 OF 2020,
7803 OF 2020,7814 OF 2020, 7832 OF 2020,
7834 OF 2020, 7868 OF 2020, 8039 OF 2020,
8231 OF 2020, 8332 OF 2020, 8337 OF 2020,
8877 OF 2020, 8901 OF 2020, 9362 OF 2020,
9428 OF 2020, 9777 OF 2020, 9786 OF 2020,
9806 OF 2020, 10108 OF 2020, 12275 OF 2020,
13269 OF 2020, 13685 OF 2020, 14161 OF 2020,
14773 OF 2020, 15003 OF 2020, 15344 OF 2020,
15562 OF 2020, 141 OF 2021, 448 OF 2021,
586 OF 2021, 905 OF 2021, 1325 OF 2021,
1476 OF 2021, 2093 OF 2021, 3278 OF 2021
3990 OF 2021, 4264 OF 2021, 4319 OF 2021
4783 OF 2021, 5049 OF 2021, 5050 OF 2021,
5084 OF 2021, 5114 OF 2021, 5135 OF 2021,
5165 OF 2021, 5166 OF 2021, 5760 OF 2021,
6827 OF 2021 AND 8954 OF 2021 (GM-PDS)
IN W.P. No.13559 OF 2020
BETWEEN :
SRI. MANMOHANKUMAR V.C
S/O LATE CHANDREGOWDA V.D
AGED ABOUT 34 YEARS
R/AT VITTALAPURA
BOOKINAKERE HOBLI
W.P No.13559/2020 and connected petitions
2
K.R.PETE TALUK
MANDYA DISTRICT-571 426 ... PETITIONER
(BY SHRI. SHARATH S. GOWDA, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
MINISTRY OF CIVIL SUPPLIES
CONSUMER AFFAIRS AND
LEGAL METROLOGY DEPARTMENT
VIKASA SOUDHA
AMBEDKAR VEEDHI
BANGALORE-560 001
2. THE DEPUTY COMMISSIONER
DEPARTMENT OF FOOD
CIVIL SUPPLIES AND CONSUMER AFFAIRS
D.C.OFFICE, MANDYA DISTRICT
MANDYA-571 001
3. THE JOINT DIRECTOR
DEPARTMENT OF FOOD
CIVIL SUPPLIES AND CONSUMER AFFAIRS
JOINT DIRECTOR'S OFFICE
MANDYA DISTRICT
MANDYA-571 001
4. THE TAHASILDAR
K.R.PETE
MANDYA DISTRICT
PIN-562 117 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
AMENDMENT OF RULE/CLAUSE 13F KARNATAKA ESSENTIAL
COMMODITIES PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER
2016 VIDE NOTIFICATION DTD.20.5.2017 ISSUED BY THE R-1 IN SO
FAR AS STIPULATING THAT THE AUTHORIZATION ON
COMPASSIONATE TRANSFERS SHALL BE ONLY FOR A MAXIMUM
PERIOD OF THREE YEARS AND THERE SHALL BE NO FURTHER
W.P No.13559/2020 and connected petitions
3
RENEWAL AS ILLEGAL AND ARBITRARY VIDE ANNEXURE-H AND ETC.
IN W.P. No.49849 OF 2019
BETWEEN :
SRI. B.N. DAYANANDA
S/O LATE B.M. NARAYANAPPA
AGED ABOUT 41 YEARS
RESIDING AT BALLAGERE VILLAGE
NAGAVALLI POST
HEBBUR HOBLI
TUMKUR DISTRICT-572 120 ... PETITIONER
(BY SHRI. H.R. HARSHA KUMAR GOWDA, ADVOCATE)
AND :
1. THE DEPUTY COMMISSIONER
FOOD & CIVIL SUPPLIES
AND CONSUMER AFFAIRS DEPARTMENT
TUMKURU DISTRICT
TUMKUR-572 101
2. THE JOINT DIRECTOR (FOOD)
FOOD & CIVIL SUPPLIES
AND CONSUMER AFFAIRS DEPARTMENT
2ND FLOOR, MINI VIDHANA SOUDHA
TUMKURU DISTRICT
TUMKURU-572 101
3. THE TAHSILDAR
TUMKURU TALUK
TUMKUR-572 101
4. FOOD INSPECTOR
FOOD & CIVIL SUPPLIES
AND CONSUMER AFFAIRS DEPARTMENT
TUMKURU DISTRICT
TUMKUR-572 101 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
4
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL
MEMORANDUM / ORDER DATED 04.09.2019 ISUED BY THE R-2
PRODUCED AT ANNEXURE-E AND ETC.,
IN W.P. No. 50227 OF 2019
BETWEEN :
SRI SHEKAR L T
S/O LATE THIMAPPA L
AGED ABOUT 33 YEARS
FAIR PRICE SHOP DEALER
R/AT KOTE (SIRA TOWN)
SIRA TALUK
TUMKUR DISTRICT - 572 137 ... PETITIONER
(BY SHRI.NAGARAJA N NAIDU, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINICPLE SECRETARY
FOOD AND CIVIL SUPPLIES AND
LEGAL METROLOGY DEPARTMENT
VIKASA SOUDHA
BANGALORE - 560 001
2. THE DEPUTY COMMISSIONER
TUMKUR DISTRICT
TUMKUR - 572 101
3. THE JOINT DIRECTOR
FOOD AND CIVIL SUPPLIES DEPARTMENT
TUMKUR DISTRICT
TUMKUR - 572 101 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
W.P No.13559/2020 and connected petitions
5
OFFICIAL MEMORANDUM DATED 16.08.2019 ISSUED BY THE R-3
PRODUCED AT ANNX-E. AND ETC.,
IN W.P. No. 50240 OF 2019
BETWEEN :
SRI VINAY D S
S/O LATE SATISH
AGED ABOUT 34 YEARS
RESIDING AT SONDEKERE
HIRIYUR TALUK
CHITRADURGA DISTRICT-577501 ... PETITIONER
(BY SHRI. SIDDAPPA B.M, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
THE DEPARTMENT OF FOOD
AND CIVIL SUPPLIES
M.S.BUILDING, BENGALURU-560001
2. THE DEPUTY DIRECTOR
THE DEPARTMENT OF FOOD AND
CIVIL SUPPLIES AND CONSUMER AFFAIRS
CHITRADURGA DISTRICT
CHITRADURGA-577501 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 18.09.2019 PRODUCED AS ANNX-D TO THE
W.P.
IN W.P. No. 51818 OF 2019
BETWEEN :
H J GOVINDE GOWDA
AGED ABOUT 32 YEARS
W.P No.13559/2020 and connected petitions
6
S/O. LATE H. B. JUNJE GOWDA
R/O. J. HOSAHALLI VILLAGE
HOSUR POST, GOWDAGERE HOBLI
SHIRA TALUK, TUMKUR DISTRICT ... PETITIONER
(BY SHRI. SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND
CIVIL SUPPLIES, VIKASA SOUDHA
DR. B. R. AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER
TUMKUR DISTRICT
TUMKUR-572 101
3. THE DEPUTY DIRECTOR/JOINT DIRECTOR
OF FOOD AND CIVIL SUPPLIES
II FLOOR, MINI VIDHANA SOUDHA
TUMKUR-572 101
4. THE THASILDAR
SHIRA TALUK
TUMKUR DISTRICT-572101 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS
TO THE R-3 TO CONSIDER THE APPLICATION DTD.6.11.2019
PRODUCED AT ANENXURE-B FOR RENEWAL OF THE AUTHORIZATION
FOR A FURTHER PERIOD AS REQUIRED UNDER CLUSE 7 AND 10 OF
THE KEC (PDS) CONTROL ORDER 2016 AND ETC.,
W.P No.13559/2020 and connected petitions
7
IN W.P. No. 6303 OF 2020
BETWEEN :
L JAGADISH
AGED ABOUT 34 YEARS
ADOPTED SON OF KRISHNOJI RAO
R/O LINGAPURA VILLAGE
HONNALI TALUK
DAVANAGERE DISTRICT - 577001 ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND
CIVIL SUPPLIES, VIKAS SOUDHA
DR B R AMBEDKAR VEEDHI
BENGALURU - 560 001
2. THE JOINT DIRECTOR OF FOOD
AND CIVIL SUPPLIES
DAVANAGERE DISTRICT
DAVANAGERE
3. THE THASILDAR
HONNALI TALUK
DAVANAGERE DISTRICT ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO STRUCK DOWN THE AMENDED
CLAUSE 13 OF THE KEC (PDS) CONTROL ORDER, 2016 AMENDED ON
10.06.2016 PUBLISHED IN THE KARNATAKA GAZETTE ON 13.06.2016
AS PER ANNEXURE-D AND ETC.,
W.P No.13559/2020 and connected petitions
8
IN W.P. No.6863 OF 2020
BETWEEN :
H.R.BILLAIAH POOJAR
S/O LATE B.H.REVANNA
AGED ABOUT 45 YEARS
ALAGAWADI-577541
CHITRADURGA TALUK
CHITRADURGA ... PETITIONER
(BY SHRI. SWAMY SHIVA PRAKASH H, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL SUPPLIES
VIKAS SOUDHA
DR.B.R.AMBEDKAR VEEDHI
BENGALURU-560001
2. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA-577501
3. THE DEPUTY DIRECTOR /JOINT DIRECTOR
DEPARTMENT OF FOOD AND CIVIL SUPPLIES
CHITRADURGA DISTIRCT
CHITRADURGA-577501
4. THE THASILDAR
CHITRADURGA-577501
CHITRADURGA TALUK ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
NOTIFICATION DATED 5.6.2017 AMENDING CLAUSE 13 OF THE
KARNATAKA ESSENTIAL COMMODITIES PUBLIC DISTRIBUTION
(CONTROL) (2ND AMENDMENT) ORDER 2017 SO FAR THE
W.P No.13559/2020 and connected petitions
9
RESTRICTION THAT NO FURTHER RENEWAL IS ALLOWED FOR SUCH
TRANSFER IS CONCERNED, AS UNCONSTITUTIONAL AND VIOLATIVE
OF ARTICLE 14 OF THE CONSTITUTION OF INDIA, PRODUCED AT
ANNEXURE-E AND ETC.,
IN W.P. No.7503 OF 2020
BETWEEN :
SRI. H G YATHEESH
S/O LATE H.B.GANGADHARAPPA
AGED 32 YEARS
R/O HATTIHALLI VILLAGE
DANDINASHIVIRA HOBLI
TURUVEKARE TALUK
TUMAKURU DISTRICT-572215 ... PETITIONER
(BY SHRI. M.B. CHANDRACHOODA, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD CIVIL SUPPLIES
CONSUMER AFFAIRS AND LEGAL METROLOGY
DEPARTMENT, M.S.BUILDING
DR.AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER
(FOOD CIVIL SUPPIES AND
CONSUMER AFFAIRS SECTION)
2ND FLOOR, MINI VIDHANA SOUDHA
TUMAKURU DISTRICT, TUMAKURU-572 101
3. THE JOINT DIRECTOR
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS
2ND FLOOR, MINI VIDHANA SOUDHA
TUMAKURU DISTRICT
TUMAKURU-572 101
4. THE THASILDAR
TURUVEKERE TALUK
W.P No.13559/2020 and connected petitions
10
TURUVEKERE
TUMAKURU DISTRICT-572221 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DTD.24.2.2020 ISSUED BY R-3 VIDE ANNEXURE-D
AND THE CIRCULAR NOTIFICATION DTD.10.6.2016 VIDE ANNEXURE-E
NOTIFICATION DTD.20.5.2017 VIDE ANNEXURE-F AND ETC.,
IN W.P. No. 7748 OF 2020
BETWEEN :
UDAY KUMAR H.Y.
S/O LATE YOGESH H M
AGED ABOUT 27 YEARS
R/O ANNECHAKANAHALLI VILLAGE
KUNDUR POST, SANTHEBACHALLI HOBLI
K R PETE TALUK
MANDYA DISTRICT-571426
RUNNING FAIR PRICE RETAIL SHOP AT
ANNECHAKKANAHALLI VILLAGE ... PETITIONER
(BY SHRI.SHARATH S GOWDA, ADVOCATE)
[THROUGH VIDEO CONFERENCE]
AND :
1. STATE OF KARNATAKA
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS
VIDHANASOUDHA, AMBEDKAR VEEDHI
BENGALURU-560001
REP BY ITS PRINCIPAL SECRETARY
2. THE DEPUTY COMMISSIONER
DEPARTMENT OF FOOD, CIVIL
SUPPLIES AND CONSUMER AFFAIRS
MANDYA DISTRICT, MANDYA-571401
W.P No.13559/2020 and connected petitions
11
3. THE TAHSILDAR
K R PETE TALUK, K R PETE
MANDYA DISRICT PIN-571426 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE
AMENDMENT OF RULE/CLAUSE 13 OF KARNATAKA ESSENTIAL
COMMODITIES PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER,
2016, VIDE NOTIFICATION DATED 20.05.2017 IN FCS.17RPR 2011
ISSUED BY THE R-1 IN SO FAR AS STIPULATING THAT THE
AUTHORIZATION ON COMPASSIONATE TRANSFERS SHALL BE ONLY
FOR A MAXIMUM PERIOD OF THREE YEARS AND THERE SHALL BE NO
FURTHER RENEWAL, AS ILLEGAL AND ARBITRARY, VIDE ANNEXURE-H
AND ETC.,
IN W.P. No. 7803 OF 2020
BETWEEN :
ASHOKA L R
S/O LATE RAMESH L K
AGED ABOUT 32 YEARS
R/O LAKSHMIPURA VILLAGE
KIKKERI POST, KIKKERI HOBLI
K R PETE TALUK
MANDYA DISRICT-571426
RUNNING FAIR PRICE RETAIL SHOP AT
LAKSHMIPURA VILLAGE ... PETITIONER
(BY SHRI. SHARATH S GOWDA, ADVOCATE)
[THROUGH VIDEO CONFERENCE]
AND :
1. STATE OF KARNATAKA
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS
VIDHANASOUDHA
AMBEDKAR VEEDHI
W.P No.13559/2020 and connected petitions
12
BENGALURU-560001
REP BY ITS PRINCIPAL SECRETARY
2. THE DEPUTY COMMISSIONER
DEPARTMENT OF FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS
MANDYA DISTRICT, MANDYA-571401
3. THE TAHSILDAR
K R PETE TALUK, K R PETE
MANDYA DISRICT PIN-571426 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE
AMENDMENT OF RULE/CLAUSE 13 OF KARNATAKA ESSENTIAL
COMMODITIES PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER
2016 VIDE NOTIFICATION DTD.20.5.2017 ISSUED BY THE R-1 IN SO
FAR AS STIPULATING THAT THE AUTHORIZATION ON
COMPASSIONATE TRANSFER SHALL BE ONLY FOR A MAXIMUM PERIOD
OF THREE YEARS AND THERE SHALL BE NO FURTHER RENEWAL AS
ILLEGAL AND ARBITRARY VIDE ANNEXURE-H AND ETC.,
IN W.P. No. 7814 OF 2020
BETWEEN :
SRI. D N HARISH
S/O LATE D.K.NINGEGOWDA
AGED 26 YEARS
R/O DODDAGORAGHATTA VILLAGE
TURUVEKERE TALUK
TUMAKURU DISTRICT-572220 ... PETITIONER
(BY SHRI.M.B.CHANDRACHOODA, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD, CIVIL SUPPLIES
W.P No.13559/2020 and connected petitions
13
CONSUMER AFFAIRS AND LEGAL METROLOGY
DEPARTMENT, M.S.BUILDING
DR AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER
(FOOD CIVIL SUPPLIES AND
CONSUMER AFFAIRS SECTION)
2ND FLOOR, MINI VIDHANAN SOUDHA
TUMAKURU DISTRICT, TUMAKURU-572 101
3. THE JOINT DIRECTOR
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS
2ND FLOOR, MINI VIDHANA SOUDHA
TUMAKURU DISTRICT, TUMAKURU-572 101
4. THE THASILDAR
TURUVERERE TALUK
TURUVEKERE
TUMAKURU DISTRICT-572221 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DTD.24.2.2020 ISSUED BY THE R-3 VIDE ANNEXURE-
D AND THE CIRCULAR DTD.10.6.2016 VIDE ANNEXURE-E
NOTIFICATION DTD.20.5.2017 VIDE ANNEXURE-F AND ETC.,
IN W.P. No. 7832 OF 2020
BETWEEN :
S.K.JYOTHI
W/O M N NARENDRA BABU
AGED ABOUT 42 YEARS
R/O MARUVANAHALLI VILLAGE
SINDGHATTA POST
SELLNERE HOBLI, K R PETE TALUK
MANDYA DISTRICT-571 426
W.P No.13559/2020 and connected petitions
14
RUNNING FAIR PRICE RETAIL SHOP AT
MARUVANAHALLI VILLAGE ... PETITIONER
(BY SHRI. SHARATH S GOWDA, ADVOCATE)
[THROUGH VIDEO CONFERENCE]
AND :
1. STATE OF KARNATAKA
DEPARTMENT OF FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS
VIDHANA SOUDHA, AMBEDKAR VEEDHI
BENGALURU-560001
REP BY ITS PRINCIPAL SECRETARY
2. THE DEPUTY COMMISSIONER
DEPARTMENT OF FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS
MANDYA DISTRICT, MANDYA-571401
3. THE TAHSILDAR
K R PETE TALUK
K R PETE, MANDYA DISTRICT
PIN-571426 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE
AMENDMENT OF RULE / CLAUSE 13 OF KARNATAKA ESSENTIAL
COMMODITIES PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER
2016, VIDE NOTIFICATION DATED 20.05.2017 IN NO.FCS.17RPR 2011
ISSUED BY THE R-1 IN SO FAR AS STIPULATING THAT THE
AUTHORIZATION ON COMPASSIONATE TRANSFERS SHALL BE ONLY
FOR A MAXIMUM PERIOD OF THREE YEARS AND THERE SHALL BE NO
FURTHER RENEWAL, AS ILLEGAL AND ARBITRARY, VIDE ANNEXURE-H
AND ETC.,
W.P No.13559/2020 and connected petitions
15
IN W.P. No. 7834 OF 2020
BETWEEN :
RUPA S R
W/O B T SRINIVAS
AGED ABOUT 46 YEARS
R/O BALLENHALLI VILLAGE
BALLENAHALLI POST
BALLENAHALLI NYAYABELE ANGADI
K R PETE TALUK
MANDYA DISTRICT - 571426
RUNNING FAIR PRICE RETAIL SHOP
AT BALLENAHALLI VILLAGE ... PETITIONER
(BY SHRI. SHARATH S GOWDA, ADVOCATE)
[THROUGH VIDEO CONFERENCE]
AND :
1. STATE OF KARNATAKA
DEPARTMENT OF FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS
VIDHANA SOUDHA, AMBEDKAR VEEDHI
BENGALURU - 560001
REP BY ITS PRINCIPAL SECRETARY
2. THE DEPUTY COMMISSIONER
DEPARTMENT OF FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS
MANDYA DISTRICT, MANDYA - 571401
3. THE TAHSILDAR
KR PETE TALUK, K R PETE
MANDYA DISTRICT PIN - 571426 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE
AMENDMENT OF RULE / CLAUSE 13 OF KARNATAKA ESSENTIAL
COMMODITIES PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER
2016, VIDE NOTIFICATION DATED 20.05.2017 IN NO.FCS.17RPR 2011
W.P No.13559/2020 and connected petitions
16
ISSUED BY THE R-1 IN SO FAR AS STIPULATING THAT THE
AUTHORIZATION ON COMPASSIONATE TRANSFERS SHALL BE ONLY
FOR A MAXIMUM PERIOD OF THREE YEARS AND THERE SHALL BE NO
FURTHER RENEWAL, AS ILLEGAL AND ARBITRARY, VIDE ANNEXURE-H
AND ETC.,
IN W.P. No. 7868 OF 2020
BETWEEN :
SRI D.P. RAGHUNADHAN
S/O LATE PATTABI RAMASHETTY
AGED ABOUT 33 YEARS
R/AT SHETTIHALLI VILLAGE
DEVALAPURA HOBLI, NAGAMANGALA TALUK
MANDYA DISTRICT, MANDYA-571445 ... PETITIONER
(BY SHRI.HARSHA KUMAR GOWDA H R, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKASA SOUDHA
DR B.R. AMBEKDAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER
DEPARTMENT OF FOOD AND CIVIL
SUPLLIES AND CONSUMER AFFAIRS
MANDYA DISTRICT-571401
3. THE DEPUTY DIRECTOR
FOOD AND CIVIL SUPLIES AND
CONSUMER AFFAIRS DEPARTMENT
MANDYA DISTRICT, MANDYA-571 401
W.P No.13559/2020 and connected petitions
17
4. THE TAHASILDAR
NAGAMANGALA TALUK
NAGAMANGALA-571401 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE AMENDMENT OF
CLAUSE 13 OF THE KARNATAKA ESSENTIAL COMMODITIES PUBLIC
DISTRIBUTION (CONTROL) ORDER, 2016 AND QUASH THE
ENDORSEMENT DTD 20.05.2020 ISSUED BY THE R-3 VIDE ANNX-E
AND ETC.,
IN W.P. No. 8039 OF 2020
BETWEEN :
SMT. NAGAMANI L U
D/O LATE UGRAPPA
AGED ABOUT 26 YEARS
R/AT LINGAPURA VILAGE
KORA HOBLI, TUMKUR TALUK
TUMKUR DISTRICT-572 101 ... PETITIONER
(BY SHRI.HARSHA KUMAR GOWDA H R, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REP BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKASA SOUDHA
DR B.R.AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSISONER
FOOD, CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT
TUMKUR DISTRICT-572 101
W.P No.13559/2020 and connected petitions
18
3. THE JOINT DIRECTOR
FOOD CIVIL SUPPLIES AND CONSUMER
AFFAIRS DEPARTMENT
2ND FLOOR, MINI VIDHANA SOUDHA
TUMKUR DISTRICT-572 101
4. THE TAHASILDAR
TUMKUR TALUK
TUMKUR-572 101 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE AMENDMENT OF
CLAUSE 13 OF THE KARNATAKA ESSENTIAL COMMODITIES PUBLIC
DISTRIBUTION (CONTROL) ORDER 2016 AND QUASH THE
ENDORSEMENT DTD.14.5.2020 ISSUED BY THE R-3 PRODUCED AT
ANNEXURE-D AND ETC.,
IN W.P. No.8231 OF 2020
BETWEEN :
S N SWAMY
AGED ABOUT 53 YEARS
S/O. LATE NARASIMHA MURTHY
R/O. HULIKUNTE VILLAGE
AND KASABA HOBLI
KORTAGERE TALUK
TUMKUR DISTRICT-572101 ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR.B.R.AMBEDKAR VEEDHI
BENGALURU-560001
W.P No.13559/2020 and connected petitions
19
2. THE DEPUTY COMMISSIONER (FOOD)
TUMKUR DISTRICT
TUMKUR-572101
3. THE JOINT DIRECTOR OF FOOD
AND CIVIL SUPPLIES
TUMKUR DISTRICT
TUMKUR-572101 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DTD.27.5.2020 ISSUED BY THE R-3 AT ANEXURE-D1 AND ETC.,
IN W.P. No. 8332 OF 2020
BETWEEN :
C N CHETAN
AGED ABOUT 33 YEARS
S/O LATE C M NINGEGOWDA
OWNER OF FAIR PRICE DEPOT NO. 19
R/O CHIKKABYADARAHALLI VILLAGE
PANDAVAPURA TALUK
MANDYA DISTRICT ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR B R AMBEDKAR VEEDHI
BENGALURU - 560001
2. THE DEPUTY COMMISSIONER (FOOD)
MANDYA DISTRICT, MANDYA
W.P No.13559/2020 and connected petitions
20
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES DEPARTMENT
MANDYA DISTRICT
MANDYA ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DTD.20.5.2020 ISSUED BY THE R-3 PRODUCED AT ANNXEURE-C AND
ETC.,
IN W.P. No.8337 OF 2020
BETWEEN :
SMT. BHAGYALAXMAMMA
AGED ABOUT 54 YEARS
W/O LATE B B NAGARAJU
R/O BASAVANA MATHIKERE
KUNIGAL TALUK
TUMKUR DISTRICT ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR B R AMBEDKAR VEEDHI
BENGALURU-560001
2. THE DEPUTY COMMISSIONER (FOOD)
TUMKUR DISTRICT
TUMKUR
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES DEPARTMENT
W.P No.13559/2020 and connected petitions
21
TUMKUR DISTRICT
TUMKUR ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI
OR SIMILAR WRIT OR ORDER OF DIRECTION TO QUASH THE
ENDORSEMENT DATED 28.05.2020 ISSUED BY THE THIRD
RESPONDENT IN NO.FSD/FPD/CR 03/2016-17 AT ANNEXURE-D AND
ETC.,
IN W.P. No.8877 OF 2020
BETWEEN :
A S BHARATH
AGED 31 YEARS
S/O LATE A.S.SHIVANNA
R/O OLD SANTHE BEEDHI
KASABA HOBLI
ALUR TOWN AND TALUK
HASSAN DISTRICT-573201 ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR B.R.AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER (FOOD)
HASSAN DISTRICT, HASSAN-573201
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES
W.P No.13559/2020 and connected petitions
22
HASSAN DISTRICT,
HASSAN-573201 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO i)ISSUE A WRIT OF
CERTIORARI OR SIMILAR WRIT ORDER OR DIRECTION TO QUASH THE
ENDORSEMENT DATED 12/06/2020 ISSUED BY THE THIRD
RESPONDENT IN NO.G.HA/FPD/08/2017-18 AT ANNEXURE-D AND
ETC.,
IN W.P. No.8901 OF 2020
BETWEEN :
KUM POOJAREDDY B V
D/O B VENKATAREDDY
AGED ABOUT 21 YEARS
R/AT POLANAYAKANAPALLI VILLAGE
MITTEMARI HOBLI, BAGEPALLI TALUK
CHIKBALLAPURA DISTRICT-562101 ... PETITIONER
(BY SHRI. M B CHANDRACHOODA, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD, CIVIL SUPPLIES
CONSUMER AFFAIRS AND LEGAL
METROLOGY DEPARTMENT
M.S. BUILDING, DR AMBEDKAR VEEDHI
BENGALURU-560001
2. THE DEPUTY COMMISIONER
(FOOD, CIVIL SUPPLIES AND
CONSUMER AFFAIRS SECTION)
CHIKKBALLAPURA
CHIKKABALLAPURA DISTRICT-562101
3. THE DEPUTY DIRECTOR
FOOD AND CIVIL SUPPLIES AND
W.P No.13559/2020 and connected petitions
23
CONSUMER AFFAIRS
CHIKKABALLAPURA
CHIKKABALLAPURA DISTRICT-562101
4. THE THASILDAR
CHIKKBALLAPURA
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA DIST-562101 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATE 04-07-2020, BEARING NO.CSD/CRCJ 04/16/16-
17, ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-C AND THE
CIRCULAR DARED 10-06-2016, BEARING NO. FCS 17/RPR/2011(1),
BENGALURU, VIDE ANNEXURE-E NOTIFIATION DATED 20-05-2017
BEARING NO FCS/17/RPR/2011, BENGALURU, VIDE ANNEXURE-F, BY
ISSUE OF WRIT OF CERTIORARI AND ETC.,
IN W.P. No.9362 OF 2020
BETWEEN :
1. D M SHANKARALINGAIAH
AGED ABOUT 41 YEARS
S/O. MARIANNA
2. ESHWARAYYA
AGED ABOUT 38 YEARS
S/O.KARIAPPA
3. J.KANTHARAJU
AGED ABOUT 31 YEARS
S/O.JAYANNA
4. G.MANOJ KUMAR
AGED ABOUT 23 YEARS
S/O. GURU SHANTHAIAH
5. D.K.RANGASWAMY
AGED ABOUT 36 YEARS
S/O. KENCHAPPA
W.P No.13559/2020 and connected petitions
24
ALL ARE RESIDENTS OF
DASEGOWDANAHATTY VILLAGE
BARAKANAHAL POST, HULIAR HOBLI
CHIKKANAYAKANAHALLI TALUK
TUMKUR DISTRICT-572218 ... PETITIONERS
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR.B.R.AMBEDKAR VEEDHI
BENGALURU-560001
2. THE JOINT DIRECTOR OF FOOD
AND CIVIL SUPPLIES
TUMKUR DISTRICT
TUMKUR-572101
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES
TUMKUR DISTRICT
TUMKUR-572101
4. THE SECRETARY
V.S.S.N. LIMITED
HULIYAR VILLAGE AND
KASABA HOBLI
CHIKKANAYAKANAHALLI TALUK
TUMKUR DISTRICT-572218 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE AMENDED
ORDER 6 OF THE KEC (PDS) CONTROL ORDER, 2016 UNDER
NOTIFICATION DATED 10.06.2016 ISSUED BY THE R-1 PRODUCED AT
ANNEXURE-C IS UNCONSTITUTIONAL AND ETC.,
W.P No.13559/2020 and connected petitions
25
IN W.P. No. 9428 OF 2020
BETWEEN :
SHASHISHANKAR S
AGEDA BOUT 32 YEARS
S/O LATE SHIVASHANKARAPPA
R/O ALUR VILLAGE AND KASABA HOBLI
MADDUR TALUK
MANDYA DISTRICT-571 433 ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR B R AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER (FOOD)
MANDYA DISTRICT
MANDYA-571 401
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES DEPARTMENT
MANDYA DISTRICT
MANDYA ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DATED 03.07.2020 ISSUED BY THE R-3 PRODUCED AT ANNEXURE-B
AND ETC.,
W.P No.13559/2020 and connected petitions
26
IN W.P. No.9777 OF 2020
BETWEEN :
CHANDRASHEKAR H C
AGED ABOUT 37 YEARS
S/O LATE H K CHIKKE GOWDA
R/O ATTAVARA HOSAHALLI VILLAGE
DUDDA HOBLI, HASSAN TALUK
HASSAN - 573 118 ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR B R AMBEDKAR VEEDHI
BANGALORE - 560 001
2. THE DEPUTY COMMISSIONER (FOOD)
HASSAN DISTRICT
HASSAN
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES
HASSAN DISTRICT
HASSAN ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL
MEMORANDUM DATED 03.08.2020 ISSUED BY THE R-3 AS PER
ANNEXURE-B AND ETC.,
W.P No.13559/2020 and connected petitions
27
IN W.P. No.9786 OF 2020
BETWEEN :
MR. R. VENKATESH
S/O LATE T.N RAMU
AGED ABOUT 40 YEARS
34/7, JAI MARUTHI NAGARA
3RD CROSS NANDHINI LAYOUT
BENGALURU- 96 ... PETITIONER
(BY SHRI.H.MALATESH, ADVOCATE)
AND :
1. THE COMMISSIONER
FOR FOOD AND CIVIL SUPPLIES
AND CONSUMER AFFAIRS
CUNNINGHAM ROAD
BANGALORE 560001
2. THE DEPUTY DIRECTOR FOOD
AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS
BENGALURU URBAN DISTRICT
BENGALURU- 09
3. THE TAHASILDAR
BANGALURU NORTH TQ
BENGALURU- 01
4. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
BENGALURU-01
5. STATE OF KARNATAKA
MINISTRY OF FOOD AND CIVIL SUPPLIES
VIDHANA SOUDHA
BANGALORE- 01 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
28
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ISSUED BY
THE R-2 DTD.28.8.2020 PRODUCED AS ANENXURE-A AND ETC.,
IN W.P. No.9806 OF 2020
BETWEEN :
K R SANTOSH
AGED ABOUT 42 YEARS
S/O LATE K S RANGANATH SHETTY
R/O KRS TEMPLE STREET
MULBAGAL TOWN, MULBAGAL
KOLAR DISTRICT - 563 131 ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR B R AMBEDKAR VEEDHI
BANGALORE - 560 001
2. THE DEPUTY COMMISSIONER (FOOD)
KOLAR DISTRICT
KOLAR
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES
KOLAR DISTRICT
KOLAR ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DATED 19.08.2020 ISSUED BY THE R-3 IN HIS ORDER PRODUCED AT
ANNEXURE-B AND ETC.,
W.P No.13559/2020 and connected petitions
29
IN W.P. No. 10108 OF 2020
BETWEEN :
HEMANTH K N
AGED ABOUT 25 YEARS
S/O LATE NAGAPPA T
FPD NO.75
R/O KAIDAALA VILLAGE
GOOLURU POST AND HOBLI
TUMKUR TALUK AND DISTRICT-572101 ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR B.R AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER (FOOD)
TUMKUR DISTRICT
TUMKUR-572101
3. THE JOINT DIRECTOR OF FOOD
AND CIVIL SUPPLIES
TUMKUR DISTRICT
TUMKUR-572101 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DATED 02.09.2020 ISSUED BY THE R-3 PRODUCED AT ANNEXURE-B
AND ETC.,
W.P No.13559/2020 and connected petitions
30
IN W.P. No.12275 OF 2020
BETWEEN :
RAKESH N V
AGED ABOUT 34 YEARS
S/O LATE VENKATESHAIAH N T
R/O D NAGENAHALLI VILLAGE
KORTAGERE TALUK
TUMKUR-572101 ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR B.R AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER (FOOD)
TUMKUR DISTRICT
TUMKUR-572101
3. THE JOINT DIRECTOR OF FOOD
AND CIVIL SUPPLIES
TUMKUR DISTRICT
TUMKUR-572101 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DTD.12/14.10.2020 ISSUED BY THE R-3 AS PER ANNEXURE-C AND
ETC.,
W.P No.13559/2020 and connected petitions
31
IN W.P. No.13269 OF 2020
BETWEEN :
SRI. JEEVAN B K
S/O. LATE B. H. KRISHNAPPA
AGED ABOUT 26 YEARS
R/AT ANJANADRI NILAYA
VISHVESHWARAIAH LAYOUT
CHIKKABANAVARA
BENGALURU-560 090 ... PETITIONER
(BY SHRI. M B CHANDRACHOODA, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD, CIVIL SUPPLIES
CONSUMER AFFAIRS AND LEGAL
METROLOGY DEPARTMENT
M.S. BUILDING, DR. AMBEKDAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER
(FOOD, CIVIL SUPPLIES AND CONSUMER
AFFAIRS SECTION)
BENGALURU DISTRICT
BENGALURU-560 001
3. THE DEPUTY DIRECTOR
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS
BENGALURU DISTRICT
BENGALURU-560 009
4. THE THASILDAR
BENGALURU NORTH TALUK
BENGALURU-560 009 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
32
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 07.11.2020 ISSUED BY R-3 VIDE ANNEXURE-C
AND THE CIRCULAR DATED 10.06.2016, ANNEXURE-E, NOTIFICATION
DATED 20.05.2017 VIDE ANNEXURE-F ISSUED BY R-1 AND ETC.,
IN W.P. No. 13685 OF 2020
BETWEEN :
SMT. RENUKA
AGED ABOUT 48 YEARS
W/O LATE JAGADEESH H.D.
R/O.HARNAHALLI VILLGE
KASABA HOBLI, ARSIKERE TALUK
HASSAN DISTRICT-573214 ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND
CIVIL SUPPLIES, VIKAS SOUDHA
DR.B.R.AMBEDKAR VEEDHI
BANGALORE 560001
2. THE DEPUTY COMMISSIONER (FOOD)
HASSAN DISTRICT
HASSAN-573214
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES
HASSAN DISTRICT
HASSAN-573214 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DTD.26.9.2020 ISSUED BY THE R-3 AT ANNEX-B AND ETC.,
W.P No.13559/2020 and connected petitions
33
IN W.P. No.14161 OF 2020
BETWEEN :
SMT. M VARSHINI
W/O LATE MUCCHANDAIAH
AGED ABOUT 23 YEARS
R/O YALACHAVADI VILLAGE
MARALAVADI HOBLI
KANAKAPURA TALUK
RAMNAGARA DISTRICT-562159 ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMETN OF FOOD AND
CIVIL SUPPLIES, VIKASA SOUDHA
DR B R AMBEDKAR VEEDHI
BANGALORE-560001
2. THE DEPUTY COMMISSIONER(FOOD)
RAMANAGARA DISTRICT
RAMANAGARA-562159
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES
RAMNAGAR DISTRICT
RAMNAGAR-562159 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL
MEMORANDUM DATED 10.11.2020 ISSUED BY THE THIRD
RESPONDENT AS PER ANNEXURE-B AND ETC.,
W.P No.13559/2020 and connected petitions
34
IN W.P. No.14773 OF 2020
BETWEEN :
SRI. SURESH. P. C.
S/O. LATE CHANNEGOWDA
AGED ABOUT 35 YEARS
RESIDING AT PURRADAKOPPALU VILLAGE
DUDDA HOBLI, MANDYA TALUK
MANDYA DISTRICT-571 401 ... PETITIONER
(BY SHRI.HARSHA KUMAR GOWDA H R, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKASA SOUDHA
DR. B. R. AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER
FOOD, CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT
MANDYA DISTRICT-571 401
3. THE DEPUTY DIRECTOR
FOOD, CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT
MANDYA DISTRICT-571 401
4. THE JOINT DIRECTOR
FOOD, CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT
MANDYA DISTRICT-571 401
5. TAHASILDAR
MANDYA TALUK
MANDYA-571 401 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
35
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE AMENDMENT OF
CLAUSE 13 OF THE KARNATAKA ESSENTIAL COMMODITIES PUBLIC
DISTRIBUTION (CONTROL) ORDER 2016 IN SO FAR AS THE
RESTRICTIONS FOR RENEWAL OF AUTHORIZATION GRANTED ON
COMPASSIONATE GROUNDS AND ETC.,
IN W.P. No.15003 OF 2020
BETWEEN :
SRI K N SRINATH
S/O LATE K N NARASIMIAH SHETTY
AGED ABOUT 42 YEARS
R/OF RAJAKALLAHALLI VILLAGE
VEMGAL HOBLI
KOLAR TALUK AND DISTRICT
KOLAR-563101 ... PETITIONER
(BY SHRI.PAPIREDDY G, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS
VIKAS SOUDHA, DR AMBEDKAR VEEDHI
BENGALURU-560001
REP BY ITS SECRETARY
2. THE DEPUTY DIRECTOR
DEPARTMENT OF FOOD AND CIVIL SUPPLIES
KOLAR DISTRICT
KOLAR-563101 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 21.11.2020 ISSUED BY THE R-2 VIDE
ANNEXURE-D AND ETC.,
W.P No.13559/2020 and connected petitions
36
IN W.P. No.15344 OF 2020
BETWEEN :
SYED AZGAR AHMED
AGED ABOUT 41 YEARS
S/O LATE SYED MAZAR PASHA
RESIDENT OF DABBAHALLI VILLAGE
B G PURA HOBLI, MALAVALLI TALUK
MANDYA DISTRICT ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND
CIVIL SUPPLIES, VIKAS SOUDHA
DR B R AMBEDKAR VEEDHI
BANGALORE-560001
2. THE DEPUTY COMMISSIONER (FOOD)
MANDYA DISTRICT
MANDYA-571401
3. THE JOINT DIRECTOR OF FOOD
AND CIVIL SUPPLIES
MANDYA DISTRICT
MANDYA-571401 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DTD.9.12.2020 ISSUED BY THE R-3 PRODUCED AT ANNEXURE-B AND
ETC.,
W.P No.13559/2020 and connected petitions
37
IN W.P. No.15562 OF 2020
BETWEEN :
SMT PRAMILA
AGED ABOUT 39 YEARS
W/O LATE ASWATHNARAYANA
RESIDENT OF CHIKKENAHALLI VILLAGE
RAMANAGARA TALUK
RAMANAGARA DISTRICT ... PETITIONER
(BY SHRI.SHIVARAMU H.C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND
CIVIL SUPPLIES, VIKAS SOUDHA
DR B R AMBEDKAR VEEDHI
BANGALORE-560001
2. THE DEPUTY COMMISSIONER (FOOD)
RAMANAGARA DISTRICT
RAMANAGARA
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES
RAMANAGARA DISTRICT
RAMANAGARA ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DTD.14.12.2020 ISSUED BY THE R-3 PRODUCED AT ANNEXURE-B AND
ETC.,
W.P No.13559/2020 and connected petitions
38
IN W.P. No.141 OF 2021
BETWEEN :
SMT. K. JAYAMMA
W/O LATE S GURU
AGED 61 YEARS
NO.4030/1, 12TH CROSS
GANDHINAGAR
MANDYA-571 415 ... PETITIONER
(BY SHRI.JEEVAN KUMAR B S, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF FOOD AND
CIVIL SUPPLIES
DEPARTMENT OF CONSUMER AFFAIRS
AND LEGAL METROLOGY
M S BUILDING, DR AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE COMMISSIONER
DEPARTMENT OF FOOD AND CIVIL SUPPLIES
MARKETING FEDERATION BUILDING
CUNNINGHAM ROAD
BENGALURU-560052
3. THE DEPUTY COMMISSIONER
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS SECTION
MANDYA DISTRICT
MANDYA-571401
4. THE JOINT DIRECTOR
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS
MANDYA DISTRICT
MANDYA-571401 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
39
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTIFICATION DATED 05.06.2017 IN SO FAR AS IT PERTAINS TO
AMENDED CLAUSE 13 LIMITING THE AUTHORISATION FOR MAXIMUM
PERIOD OF THREE YEARS OF THE KARNATAKA ESSENTIAL
COMMODITIES PUBLIC DISTRIBUTION (CONTROL) ORDER 2016
ISSUED BY THE R1 PRODUCED AT ANNEXURE-B AND ETC.,
IN W.P. No.448 OF 2021
BETWEEN :
SMT L V MEENAKSHI
AGED ABOUT 49 YEARS
W/O LATE L PUTTARAJU
R/O KAVANAPURA VILLAGE
RAMNAGAR TALUK
RAMNAGAR DISTRICT ... PETITIONER
(BY SHRI. SHIVARAMU H C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR B R AMBEDKAR VEEDHI
BANGALORE-560001
2. THE DEPUTY COMMISSIONER (FOOD)
RAMANAGAR DISTRICT
RAMNAGAR-571321
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES
RAMNAGAR DISTRICT
RAMNAGAR-571321 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
40
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DTD. 02.01.2021 ISSUED BY THE R-3 PRODUCED AT ANNX-B. AND
ETC.,
IN W.P. No.586 OF 2021
BETWEEN :
SRI H G RAMESH
S/O T GOVINDAPPA
AGED ABOUT 38 YEARS
R/O HALLIMALLAPURA VILLAGE
CHANNAGIRI TALUK-577 544
DAVANAGERE DISTRICT ... PETITIONER
(BY SHRI. SIDDAPPA B M, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
THE DEPARTMENT OF FOOD AND
CIVIL SUPPLIES AND CONSUMER AFFAIRS
M S BUILDING, BENGALURU-560001
2. THE COMMISSIONER
THE DEPARTMENT OF FOOD AND
CIVIL SUPPLIES AND CONSUMER AFFAIRS
CUNNING HAM ROAD
BENGALURU-560052
3. THE JOINT DIRECTOR
THE DEPARTMENT OF FOOD AND
CIVIL SUPPLIES AND CONSUMER AFFAIRS
DAVANAGERE-577502 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
41
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT ISSUED BY R3 DATED 01.01.2021 PRODUCED AS
ANNEXURE-B TO THE WRIT PETITION AND ETC.,
IN W.P. No.905 OF 2021
BETWEEN :
SMT. VENKATAMMA
W/O LATE K P YELLAPPA
AGED ABOUT 60 YEARS
R/A KARPUR VILLAGE
KASABA HOBLI, ANEKAL TALUK
BANGALORE URBAN-562106 ... PETITIONER
(BY SHRI. DUSHYANTH ARADHYA H C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
DEPARTMENT OF FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS
VIDHANA SOUDHA, AMBEDKAR VEEDHI
BENGALURU-560001
REP BY ITS PRINCIPAL SECRETARY
2. THE DEPUTY COMMISSIONER
DEPARTMENT OF FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS
BANGALORE URBAN DISTRICT
BANGALORE-560001 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE
AMENDMENT OF RULE/CLAUSE 13 OF KARNATAKA ESSENTIAL
COMMODITIES PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER
2016, VIDE NOTIFICATION DATED 20.05.2017 ANNEXURE-F ISSUED
BY THE R-1 IN SO FAR AS STIPULATING THAT THE AUTHORIZATION
W.P No.13559/2020 and connected petitions
42
ON COMPENSATION TRANSFERS SHALL BE ONLY FOR A MAXIMUM
PERIOD OF THREE YEARS AND THERE SHALL BE NO FURTHER
RENEWAL, AS ILLEGAL AND ARBITRARY AND ETC.,
IN W.P. No.1325 of 2021
BETWEEN :
C V SEENEGOWDA
AGED ABOUT 25 YEARS
S/O LATE G.VEERABHADRE GOWDA
(WRONGLY MENTIONED AS E.VEERABHADRE
GOWDA IN THE ENDORSEMENT
DATED 04-09-2020)
R/O CHALDIGANAHALLI VILLAGE
SRINIVASAPURA TALUK
KOLAR DISTRICT ... PETITIONER
(BY SHRI.SHIVARAMU H C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND
CIVIL SUPPLIES, VIKAS SOUDHA
DR.B.R.AMBEDKAR VEEDHI
BANGALORE-560001
2. THE DEPUTY COMMISSIONER (FOOD)
KOLAR DISTRICT
KOLAR
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES
KOLAR DISTRICT
KOLAR ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
43
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DTD 04.09.2020 ISSUED BY THE R-3 VIDE ANNX-B. AND ETC.,
IN W.P. No. 1476 of 2021
BETWEEN :
SRI PUNITH KUMAR T R
S/O LATE H T RAMEGOWDA
AGED 34 YEARS
R/O DEVARAMAVINAKERE VILLAGE
BELLUR HOBLI
NAGAMANGALA TALUK
MANDYA DISTRICT-571425 ... PETITIONER
(BY SHRI. M B CHANDRACHOODA, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD, CIVIL SUPPLIES
CONSUMER AFFAIRS AND LEGAL
METROLOGY DEPARTMENT
M S BUILDING, DR AMBEDKAR VEEDHI
BENGALURU-560001
2. THE DEPUTY COMMISSIONER
(FOOD, CIVIL SUPPLIES AND
CONSUMER AFFAIRS SECTION)
MANDYA DISTRICT, MANDYA-571425
3. THE JOINT DIRECTOR
FOOD, CIVIL SUPPLIES AND
CONSUMER AFFAIRS
MANDYA DISTRICT
MANDYA-571425
W.P No.13559/2020 and connected petitions
44
4. THE THASILDAR
NAGAMANGALA TALUK
MANDYA DIST-571432 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DTD.29.12.2020 ISSUED BY THE R-3 VIDE
ANNEXURE-C AND THE CIRCULAR DTD.10.6.2016 VIDE ANNEXURE-E
AND F AND ETC.,
IN W.P. No. 2093 OF 2021
BETWEEN :
POORNIMA STORES
REP BY ITS SECRETARY
SRI T L DINESH
S/O LATE G K LAXMAN
AGED ABOUT 39 YEARS
FAIR PRICE SHOP NO.R/AT NO.18/11
LAXMANPURI, GANDHINAGAR
BANGALORE-560009 ... PETITIONER
(BY SHRI.NAGARAJA N NAIDU, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPLE SECRETARY
FOOD AND CIVIL SUPPLIES AND
LEGAL METROLOGY DEPARTMENT
VIKASA SOUDHA
BANGALORE-560001
2. THE DEPUTY DIRECTOR
FOOD AND CIVIL SUPPLIES DEPARTMENT
BANGALORE NORTH RANGE
MALLESHWARAM, VYALIKAVAL
BANGALORE-560003 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
45
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
OFFICIAL MEMORANDUM DATED 31.12.2020 ISSUED BY THE SECOND
RESPONDENT IN HIS NUMBER PRODUCED AT ANNEXURE-C AND ETC.,
IN W.P. No. 3278 OF 2021
BETWEEN :
SRI. REVANNA. S. S.
S/O LATE SAMPANGAPPA
AGED ABOUT 50 YEARS
FAIR PRICE SHOP NO 16
R/AT SINGASANDRA
BEGURU HOBLI
BANGALORE SOUTH TALUK ... PETITIONER
(BY SHRI.NAGARAJA N NAIDU, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPLE SECRETARY
FOOD AND CIVIL SUPPLIES AND
LEGAL METROLOGY DEPARTMENT
VIKASA SOUDHA, BANGALORE 560009
2. THE DEPUTY DIRECTOR
FOOD AND CIVIL SUPPLIES DEPARTMENT
BANGALORE URBAN DIST
BANGALORE 560009 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ENDORSEMENT DTD.1.10.2020 ISSUED BY THE R-2 PRODUCED AT
ANNEXURE-D AND ETC.,
W.P No.13559/2020 and connected petitions
46
IN W.P. No. 3990 OF 2021
BETWEEN :
SMT. D N MANJULA
AGED ABOUT 49 YEARS
W/O LATE B L PRABHAKAR
R/O BHUHALLI VILLAGE
KADAHALLI POST, SATHANUR HOBLI
KANAKAPURA TALUK
RAMANAGARA DISTRICT-562126 ... PETITIONER
(BY SHRI. SHIVARAMU H C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR B R AMBEDKAR VEEDHI
BANGALORE 560001
2. THE DEPUTY COMMISSIONER
RAMANAGARA DISTRICT
RAMANAGARA
3. THE DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES
RAMANAGARA DISTRICT
RAMANAGARA ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DATED 17.02.2021 ISSUED BY THE R-3 AT ANNEXURE-B AND ETC.,
W.P No.13559/2020 and connected petitions
47
IN W.P. No. 4264 OF 2021
BETWEEN :
SRI R RAJA MUTHU
S/O LATE RAJAGOPALA NAIDU
AGED ABOUT 55 YEARS
R/AT NO.2, RIGHT SIDE
NMC 1ST CROSS
NEAR BABY ICE FACTORY
BHADRAVATHI-577302
SHIVAMOGGA DISTRICT ... PETITIONER
(BY SHRI. SIDDAPPA B M, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
THE DEPARTMENT OF FOOD AND
CIVIL SUPPLIES AND CONSUMER AFFAIRS
M S BUILDING, BENGALURU-560 001
2. THE COMMISSIONER
THE DEPARTMENT OF FOOD AND
CIVIL SUPPLIES AND CONSUMER AFFAIRS
CUNNING HAM ROAD
BENGALURU-560 052
3. THE JOINT DIRCTOR
THE DEPARTMENT OF FOOD AND CIVIL
SUPPLIES AND CONSUMER AFFAIRS
SHIVAMOGGA ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DTD.5.2.2021 ISSUED BY THE R-3 PRODUCED AS
ANNEXURE-B TO THE W.P. AND ETC.,
W.P No.13559/2020 and connected petitions
48
IN W.P. No. 4319 OF 2021
BETWEEN :
SRI T M RAVI
S/O LATE MANGALAIAH @ RANGAIAH
AGED ABOUT 28 YEARS
R/O 2ND WARD, TIRUMALA
MAGADI TOWN
RAMANAGARA DISTRICT-562120 ... PETITIONER
(BY SHRI.SAGAR, B B ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
DEPARTMENT OF FOOD AND CIVIL SUPPLIES
VIKASA SOUDHA, DR AMEDKAR VEEDHI
BANGALORE-560001
REPRESENTED BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER
OFFICE OF THE DEPUTY COMMISSIONER
(FOOD SECTION)
RAMNAGARA DISTRICT
RAMANAGARA-560001
3. THE DEPUTY DIRECTOR
FOOD AND CIVIL SUPPLIES
VIKASA SOUDHA
DR AMBEDKAR VEEDHI
BANGALORE-560001 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ENDORSEMENT DTD.14.12.2020 ISSUED BY THE R-2 VIDE
ANNEXURE-E AND ETC.,
W.P No.13559/2020 and connected petitions
49
IN W.P. No. 4783 of 2021
BETWEEN :
SRI N S NITHIN
S/O LATE N.SATYANARAYANA SETTY
AGED ABOUT 34 YEARS
RESIDING AT AKKIPET
SHIRALAKOPPA, SHIKARIPURA TALUK
SHIMOGA-577428 ... PETITIONER
(BY SHRI. HARSHA KUMAR GOWDA H R, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL SUPPLIES
VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI
BENGALURU 560001
2. THE DEPUTY COMMISSIONER
FOOD, CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT
SHIMOGA DISTRICT-577301
3. THE DEPUTY DIRECTOR
FOOD CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT
SHIMOGA DISTRICT-577301
4. THE JOINT DIRECTOR
FOOD CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT
SHIMOGA DISTRICT-577301
5. TAHASILDAR
SHIKARIPURA TALUK
SHIMOGA DISTRICT-577301 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
50
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE AMENDMENT OF
CLAUSE 13 OF THE KARNATAKA ESSENTIAL COMMODITIES PUBLIC
DISTRIBUTION (CONTROL) ORDER, 2016 IN SO FAR AS
RESTRICTIONS FOR RENEWAL OF AUTHORIZATION GRANTED ON
COMPASSIONATE GROUNDS AND ETC.,
IN W.P. No. 5049 OF 2021
BETWEEN :
SRI. G. ANIL KUMAR
S/O LATE D GOPAL
AGED ABOUT 43 YEARS
R/AT DURGIGUDI KERI
SHIVAMOGGA-577211 ... PETITIONER
(BY SHRI. BASAVARAJ T, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
THE DEPARTMENT OF FOOD AND
CIVIL SUPPLIES AND CONSUMER
AFFAIRS, M S BUILDING
BENGALURU-560 001
2. THE COMMISSIONER
THE DEPARTMENT OF FOOD AND CIVIL
SUPPLIES AND CONSUMER AFFAIRS
CUNNINGHAM ROAD
BENGALURU-560 052
3. THE JOINT DIRECTOR
THE DEPARTMENT OF FOOD AND CIVIL
SUPPLIES AND CONSUMER AFFAIRS
SHIVAMOGGA-577211 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
51
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DTD 24.02.2021 ISSUED BY THE R-3 VIDE ANNX-B
AND ETC.,
IN W.P. No.5050 OF 2021
BETWEEN :
SMT. SAHEEDA BEGUM
W/O LATE MOHAMMED USMAN
AGED ABOUT 45 YEARS
R/AT JAIBHARATH STORES
TANKBUND ROAD
SHIVAMOGGA-577211 ... PETITIONER
(BY SHRI. BASAVARAJ T, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
THE DEPARTMENT OF FOOD AND CIVIL
SUPPLIES AND CONSUMER AFFAIRS
M S BUILDING
BENGALURU-560 001
2. THE COMMISSIONER
THE DEPARTMENT OF FOOD AND CIVIL
SUPPLIES AND CONSUMER AFFAIRS
CUNNINGHAM ROAD
BENGALURU-560 052
3. THE JOINT DIRECTOR
THE DEPARTMENT OF FOOD AND CIVIL
SUPPLIES AND CONSUMER AFFAIRS
SHIVAMOGGA-577211 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
52
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DTD 24.02.2021 ISSUED BY THE R-3 VIDE ANNX-B AND ETC.,
IN W.P. No. 5084 OF 2021
BETWEEN :
R. C. VIJAYA KUMAR
S/O. LATE R. N. CHANNAPPA
AGED ABOUT 36 YEARS
R/AT BHADRAPURA VILLAGE
SHIKARIPURA TALUK-577 427
SHIMOGA DISTRICT ... PETITIONER
(BY SHRI. SRIKANTH PATIL K, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPT. OF FOOD AND CIVIL SUPPLIES
AND CONSUMER AFFAIRS
VIKASA SOUDHA
DR. B. R. AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER
DEPT. OF FOOD AND CIVIL SUPPLIES
AND CONSUMER AFFAIRS
SHIMOGA DISTRICT-577 201
3. THE DEPUTY DIRECTOR
DEPT. OF FOOD AND CIVIL SUPPLIES
AND CONSUMER AFFAIRS
SHIMOGA DISTRICT-577 201
4. THE JOINT DIRECTOR
DEPT. OF FOOD AND CIVIL SUPPLIES
AND CONSUMER AFFAIRS
SHIMOGA DISTRICT-577 201
W.P No.13559/2020 and connected petitions
53
5. TAHASILDAR
SHIKARIPURA TALUK
SHIMOGA DISTRICT-577 427 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN
AMENDED CLAUSES 13 OF THE KARNATAKA ESSENTIAL
COMMODITIES PUBLIC DISTRIBUTION (CONTROL) (AMENDMENT)
ORDER 2017 AS OPPOSED TO THE PRINCIPLE OF EQUALITY BEFORE
LAW ENSHRINED UNDER ARTICLE 14 OF THE CONSTITUTION OF
INDIA AND ETC.,
IN W.P. No. 5114 OF 2021
BETWEEN :
SRI HARISH A P
S/O LATE PUTTASWAMY
AGED ABOUT 32 YEARS
R/AT AKKURU VILLAGE
KUTAGAL HOBLI
RAMANAGARA TALUK AND DISTRICT-562 159 ... PETITIONER
(BY SHRI. K.L. SREENIVAS, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS
VIDHANA SOUDHA, AMBEDKAR VEEDHI
BENGALURU-560001
REP BY PRINCIPAL SECRETARY
2. THE DEPUTY DIRECTOR
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS
RAMANAGARA DISTRICT-562159
W.P No.13559/2020 and connected petitions
54
3. THE DEPUTY COMMISSIONER
RAMANAGARA DISTRICT-562159 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT DATED
01-03-2021 ISSUED BY THE DEPUTY DIRECTOR,DEPARTMENT OF
FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, RAMANAGARA
DISTRICT, RAMANAGARA SECOND RESPONDENT VIDE ANNEXURE-C
AND ETC.,
IN W.P. No. 5135 OF 2021
BETWEEN :
SRI GIRISH H S
S/O LATE H K SHIVANNA
AGED ABOUT 46 YEARS
R/AT HAGALAHALLY VILLAGE
KASABA HOBLI
RAMANAGARA TALUK AND DISTRCT 562128 ... PETITIONER
(BY SHRI. K.L. SREENIVAS, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS
VIDHANA SOUDHA, AMBEDKAR VEEDHI
BENGLAURU 560001
REP BY PRINCIPAL SECRETARY
2. THE DEPUTY DIRECTOR
DEPARTMENT OF FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS
RAMANGARA DISTRICT-562159
W.P No.13559/2020 and connected petitions
55
3. THE DEPUTY COMMISSIONER
RAMANAGARA DISTRICT -562159 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT
DTD. 01.03.2021 ISSUED BY THE DEPUTY DIRECTOR, DEPARTMENT
OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, RAMANAGARA
DISTRICT, RAMANAGARA-R-2 VIDE ANNX-C AND ETC.,
IN W.P. No. 5165 OF 2021
BETWEEN :
SRI DARSHAN B R
S/O LATE B S RAJENDRA
AGED ABOUT 26 YEARS
R/AT BOORAGAMARADADODDI VILALGE
KASABA HOBLI, RAMANGARA TALUK
AND DSITRICT 562128 ... PETITIONER
(BY SHRI. K.L. SREENIVAS, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS
VIDHANA SOUDAH
AMBEDKAR VEEDHI
BENGALURU-560001
REP BY ITS PRINCIPAL SECRETARY
2. THE DEPUTY DIRECTOR
DEPARTMENT OF FOOD, CIVIL SUPPLIES
AND CONSUMER AFFAIRS
RAMANAGARA DISTRICT-562159
W.P No.13559/2020 and connected petitions
56
3. THE DEPUTY COMMISSIONER
RAMANAGARA DISTRICT-562159 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT DTD.
25.01.2021 ISSUED BY THE DEPUTY DIRECTOR, DEPARTMENT OF
FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, RAMANAGARA
DISTRICT, RAMANAGARA-R-2 VIDE ANNX-C.AND ETC.,
IN W.P. No. 5166 OF 2021
BETWEEN :
RANJITHA K R
D/O LATE RUDRAPPA K H
AGED ABOUT 29 YEARS
R/AT KONANATHALE
HIREGONDAGERE POST, HONNALLI TALUK
DAVANAGERE DISTRICT 577217 ... PETITIONER
(BY SHRI. SIDDAPPA B M, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
THE DEPARTMENT OF FOOD AND CIVIL
SUPPLIES AND CONSUMER AFFAIRS
M S BUILDING, BENGALURU 560001
2. THE COMMISSIONER
THE DEPARTMENT OF FOOD AND CIVIL
SUPPLIES AND CONSUMER AFFAIRS
CUNNING HAM ROAD, BENGALURU 560052
3. THE JOINT DIRECTOR
THE DEPARTMENT OF FOOD AND CIVIL
W.P No.13559/2020 and connected petitions
57
SUPPLIES AND CONSUMER AFFAIRS
DAVANAGERE DISTRICT-577004 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 04.03.2021 ISSUED BY THE R-3 PRODUCED AS
ANNEXURE-B TO THE WRIT PETITION AND ETC.,
IN W.P. No. 5760 OF 2021
BETWEEN :
VEERALINGEGOWDA S U
S/O LATE UMESH S T
AGED ABOUT 30 YEARS
RESIDENT OF SOLLEPURA VILLAGE
KASABA HOBLI, MADDUR TALUK
MANDYA DISTRICT ... PETITIONER
(BY SHRI. SHIVARAMU H C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR B R AMBEDKAR VEEDHI
BENGALURU-560001
2. THE DEPUTY COMMISSIONER (FOOD)
MANDYA DISTRICT
MANDYA
3. THE JOINT DIRECTOR OF FOOD
AND CIVIL SUPPLIES
W.P No.13559/2020 and connected petitions
58
MANDYA DISTRICT
MANDYA ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DATED 08.03.2021 ISSUED BY THE R-3 AT ANNEXURE-B AND ETC.,
IN W.P. No. 6827 OF 2021
BETWEEN :
B. RAVI
S/O LATE BYRE GOWDA
AGED ABOUT 44 YEARS
R/O AMBADAHALLI VILLAGE
CHANNAPTNA TALUK
RAMANGARA DISTRICT-571501 ... PETITIONER
(BY SHRI. SHIVARAMU H C, ADVOCATE)
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
DEPARTMENT OF FOOD AND CIVIL
SUPPLIES, VIKAS SOUDHA
DR B.R. AMBEDKAR VEEDHI
BANGALORE-560 001
2. THE DEPUTY COMMISSIONER (FOOD)
RAMANAGARA DISTRICT
RAMANAGARA-571511
3. THE DIRECTOR OF FOOD AND
CIVIL SUPPLIES
RAMANAGARA DISTRICT
RAMANAGARA-571511 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
W.P No.13559/2020 and connected petitions
59
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
DTD.12.3.2021 ISSUED BY THE R-3 ANNRXUR-E AND ETC.,
IN W.P. No. 8954 OF 2021
BETWEEN :
SMT LAKSHMI
W/O LATE T S NAGARAJU
AGED ABOUT 40 YEARS
R/O THAGADEGOWDANADODDI VILLAGE
KANAKAPURA TALUK (UYYAMBALLI HOBLI)
RAMNAGAR DIST-562117 ... PETITIONER
(BY SHRI. SHIVARAMU H C, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
DEPT. OF FOOD AND CIVIL SUPPLIES
VIKAS SOUDHA
BENGALURU-560001
REPRESENTED BY PRINCIPAL SECRETARY
2. THE DEPUTY DIRECTOR
DEPT. OF FOOD AND CIVIL SUPPLIES
RAMNAGAR DIST
RAMNAGAR-581453 ... RESPONDENTS
(BY SHRI. DHYAN CHINNAPPA, AAG A/W
SHRI. M. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 21.4.2021 ISSUED BY THE R-2 IN NO.
RAAJI/FOOD/ANUKAMPA/13/2015-16 PRODUCED AT ANNEXURE-B
AND ETC.,
THESE WRIT PETITIONS, HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 03.08.2021, COMING ON FOR PRONOUNCEMENT OF
ORDERS THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:-
W.P No.13559/2020 and connected petitions
60
ORDER
In all these writ petitions, petitioners have challenged amendment to Rule 13 of the KECPDS (Control) Order1, 2016 'Control order 2016' for short.
2. Heard Shri. H.C. Shivaramu, learned Advocate for petitioners and Shri. Dhyan Chinnappa, learned Addl. Advocate General for respondents.
Brief facts:
3. The distribution of essential commodities in the State was initially controlled and governed under the provisions of The Essential Commodities Act, 1966 and The Karnataka Essential Commodities Licensing Order, 1986.
4. On November 11, 1992, the State Government, in supercession of the Control Order of 1986, introduced the Karnataka Essential Commodities Public Distribution System (Control) Order, 1992 to govern the distribution of essential commodities.
1 Karnataka Essential Commodities Public Distribution System (Control) order 2016 W.P No.13559/2020 and connected petitions 61
5. On June 10, 2016, the State Government issued a notification giving effect to KEC PDS System (Control) Order 2016. Rule 13 of the said order reads as follows:
"13. Prohibition of Transfer of Authorization: No authorized dealer shall assign or transfer his authorization to any other person by and no person shall carry on business as a transferee or otherwise on behalf of any such authorized dealer.
"Provided that the authorized authority may order for such transfer in the event of the death of the authorized dealer before 60 yrs of age, to the spouse or son or unmarried daughter, in case he or she is above 18yrs and less than 30 yrs (or 40 yrs for unmarried daughters) of age having passed 10th standard and has applied for transfer within 90 days of the death of the authorized dealer, with the prior approval of the Commissioner for a maximum period of 3 years viz., the period of validity of a fresh authorization".
6. On May 20, 2017, the State Government amended Rules 7 & 13 of the Control Order 2016. The Notification reads as follows:
"NOTIFICATION In exercise of the powers conferred by sub-section (5) of section 24 of the National Food Security Act 2013 and Section 3 read with Section 5 of the Essential Commodities Act 1955 the Government of Karnataka has W.P No.13559/2020 and connected petitions 62 made the rules called the Karnataka Essential commodities Public Distribution (Control) order 2016 vide notification No.FCS 17 RPR 2011(1) dated:10-06-2016, the Government here by make the following order, further to amend the Karnataka Essential Commodities Public Distribution (Control) order 2016.
ORDER
1) Title and Commencement: (1) This order may be called the Karnataka Essential Commodities Public Distribution (Control)(Amendment) order 2017.
(2) It shall come into force from the date of its publication in the State official gazette.
2) Amendment of Rules-7:
In the Karnataka Essential Commodities Public Distribution (Control) order 2016, before the first proviso in the Sub rule (1) of rule 7 the following proviso shall be inserted "Provided that the authorized authority shall not renew the authorizations of Fair price shops run by private individuals who have attained the age of 65 years and who do not possess minimum educational qualification of SSLC".
3) Amendment of Rule 13: In the Karnataka Essential Commodities Public Distribution (control) order 2016, the proviso made under rule-13 shall be substituted by the following:
W.P No.13559/2020 and connected petitions 63 "Provided that the authorized authority may order for such transfer in the event of the death of the authorized dealer before 65 years of age, to the spouse or son or unmarried daughter in case he or she is above 18 years of age and less than 30 years (40 years in case of unmarried daughter and 65 years in case of spouse) having passed SSLC, both as on the date of the death of the authorized dealer. The application for such transfer should be made within 90 days of the death of the authorized dealer. Such transfer shall be made only after obtaining prior approval of Commissioner, Food, Civil Supplies and Consumer Affairs Department and only for a maximum period of 3 years i.e, the period of validity of a fresh authorization. No further renewal is allowed for such transfers."
7. On March 17, 2020, the State Government further amended Rule 7 of the 2016 Control Order to read, 3 years mentioned in the said Rule as '5 years'.
8. By further Notification dated January 16, 2021, the State Government have further amended Rule 13 in the 2016 Control Order .
W.P No.13559/2020 and connected petitions 64
9. The resultant effect of Notification dated January 16, 2021 is, in case of death of an authorised dealer before attaining the age of 65 years, the authorisation can be transferred to his spouse who is aged less than 65 years or unemployed son or unmarried daughter aged more than 18 years or widowed daughter aged more than 18 years. Such transferees must have passed 10th standard or equivalent qualification as on the date of the death of the authorised dealer.
10. Petitioners have challenged the amendment brought to Rule 13 on May 20, 2017 and also prayed for a declaration that Rule 7 as redundant in view of the Notification dated January 16, 2021.
11. In substance, petitioners' grievance is with regard to educational qualification of 'pass in 10th Standard' and the period of renewal limited to 3 years.
12. Shri. Shivaramu learned Advocate for Petitioners submitted that the amendment brought by Notification W.P No.13559/2020 and connected petitions 65 dated May 20, 2017 to the Control Order, 2016 as also the further amendment brought on March 17, 2020 are wholly discriminatory in nature in view of the subsequent Notification dated January 16, 2021, So far as it relates to the period of transfer is concerned.
13. It was contended that distribution of commodities is an essential and integral part in the daily lives of citizen. Though the authorisation is given to one member in the family, he is assisted by other members of the family and therefore the entire family depends on the authorisation for their livelihood. Therefore the condition of 'pass in 10th Standard' is unsustainable in law. It was also argued that the maximum period of validity of fresh authorisation being limited to five years is also arbitrary.
14. Shri. Dhyan Chinappa learned AAG, argued opposing the Writ Petitions. He submitted that there is no vested right in the dependants of the authorisation holder to get a fresh authorisation in their name. Petitioners' claim is akin to that of dependants of employees who seek W.P No.13559/2020 and connected petitions 66 appointment on compassionate grounds. He argued that law on that aspect has been settled and such appointments fall under an 'exceptional category' and contrary to regular appointments. He contended that keeping in view various aspects of the matter, the State Government have framed the instant policy to provide an opportunity to the dependants to tide over the sudden economic crisis in the event of death of an authorisation holder.
15. Shri. Dhyan Chinnappa submitted that pass in 10th Standard is necessary because the person holding authorisation is required to have minimum knowledge in the measurements and Bank transactions. He further submitted that the period of five years is more than sufficient for any family losing its bread winner to revive itself. The State Government have now issued 'Control Order 2021' and the same has not been challenged by the petitioners. Therefore, petitioners' cases will be considered on the basis of the Notification in force as on the date of death of authorisation holder.
W.P No.13559/2020 and connected petitions 67
16. I have carefully considered rival contentions and perused the records.
17. Petitioners herein claim to be dependants of the respective deceased authorisation holder. They are mainly aggrieved by two conditions. Firstly, imposition of 'pass in 10th Standard' and secondly, the period of renewal.
18. 'Pass in 10th Standard' is a condition which has been consistently imposed in the Notification dated June 10, 2016, amendment brought on May 20, 2017 and latest amendment brought on January 16, 2021.
19. So far as the period of validity is concerned, it was three years in the Notification dated June 10, 2016 and amendment dated May 20, 2017. It was substituted as five years in the amendment brought on March 17, 2020.
20. It is not in dispute that the State Government have amended the period of authorisation to a maximum of 10 years by amendment dated January 16, 2021. The condition of 'pass in 10th Standard' has been maintained W.P No.13559/2020 and connected petitions 68 throughout. One another significant aspect in 2021 amendment is, only such cases where the applicant has no other source of income would be considered.
21. Shri. Dhyan Chinnappa, learned AAG, is right in his submission that petitioners' case is similar to that of appointment on compassionate grounds. It is settled that the applications for grant of appointment on compassionate grounds has to be considered as per the policy in existence as on the date of death of the employee.
22. In a recent decision, the Apex Court in State of Madhya Pradesh Vs Ashish Awasthi2 decided on November 18, 2021 has held as follows:
"... As per the settled preposition of law laid down by this Court for appointment on compassionate ground, the policy prevalent at the time of death of the deceased employee only is required to be considered and not the subsequent policy."
23. It is also settled that in the case of compassionate appointments employer is entitled to frame policies. On the same premise, the State Government are 2 CIVIL APPEAL NO. 6903 OF 2021 with CIVIL APPEAL NO. 6904 OF 2021 W.P No.13559/2020 and connected petitions 69 entitled to frame policies in the case of commodity distributions also.
24. As recorded hereinabove, the State Government have throughout maintained the condition of pass in '10th Standard' consistently. There has been change with regard to the maximum period of authorisation. Initially it was three years, increased to five years and presently ten years. Thus there has been consistent improvement in the period of authorisation.
25. There is one another additional aspect which the State Government have included in the amendment brought on January 16, 2021 namely that the applicant should have 'no other source of income'.
26. Thus the applicants who shall be governed by the Notification dated June 10, 2016, the amended notifications dated May 20, 2017 and March 17, 2020 can be considered under one category, because in all these W.P No.13559/2020 and connected petitions 70 three Notifications there is condition with regard to source of income.
27. The condition of 'pass in 10th Standard' is a reasonable condition. Learned AAG, is also right in contending that a person who deals with commodity distribution is required to have basic knowledge in arithmetic, Banking and liaison with public offices. The other conditions with regard to age is also a matter of policy and the same is just and appropriate. Learned advocates for the petitioners have not urged any cogent arguments as to how the condition of pass in '10th Standard' and the prescription of age is ultra vires the Constitution. Therefore, condition of 'pass in 10th Standard' cannot be found fault with.
28. Keeping in view the Notification dated January 16, 2021 in mind, in the opinion of this Court, it is just and appropriate to harmonise the three earlier notifications dated June 10, 2016, May 20, 2017 and March 17, 2020. In respect of the petitioners whose applications fall for consideration in any of these three Notifications, the W.P No.13559/2020 and connected petitions 71 condition of five years is contrary to the progressive and subsequent view taken by the State Government in 2021 Notification extending it to 10 years. Further, it cannot be lost sight of the fact that this Court has granted orders in large number of writ petitions to consider the cases of petitioners without reference to restriction on age and pass in 10th Standard.
29. It is also not in dispute that the Notification dated January 16, 2021 is not under challenge.
30. Several applicants similarly situated as the petitioners herein, have taken the benefit of interim orders passed by this Court for consideration of their cases without reference to restriction of age and SSLC qualification. Therefore, if these writ petitions are dismissed without any observations, it would result in two set of applicants namely the one successful on the strength of several orders in various writ petitions and the other, deprived of consideration of their applications.
W.P No.13559/2020 and connected petitions 72
31. In view of the peculiar circumstances of the case, though the prerogative of the State to impose conditions to consider the applications on compassionate grounds is required to be upheld, this Court is of the opinion that it is desirable for the State Government to consider the cases of these writ petitioners, without reference to the restriction of 'age' and 'pass in 10th Standard' which shall be in parity with various orders passed by this Court in several writ petitions.
32. In the result the following:
ORDER
(a) The State Government's power and prerogative to impose conditions while considering the applications for grant of authorisation is upheld.
(b) Keeping in view the peculiar circumstances of the case and large number of orders passed by this Court in several Writ Petitions filed by similar applicants, the State Government shall consider W.P No.13559/2020 and connected petitions 73 the cases of petitioners who have approached this Court with these Writ Petitions without reference to the 'age' and 'pass in SSLC' as one time measure.
(c) This order shall be restricted only to the writ petitioners and shall not be treated as a precedent.
Writ petitions are accordingly disposed of.
33. In view of disposal of these petitions all pending interlocutary applications do not survive and they are accordingly disposed of.
No costs.
Sd/-
JUDGE SPS