Karnataka High Court
D. K. Kemparaju vs The Commissioner on 10 January, 2017
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY 2017
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION Nos.1135-1241/2017 (GM-PDS)
C/w WRIT PETITION Nos.1072-1111/2017
AND WRIT PETITION Nos.1112-1134/2017
W.P.Nos.1135-1241/2017:
BETWEEN:
1. D. K. KEMPARAJU
S/O. LATE G. KUMARAYYA,
AGED ABOUT 67 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.
AGE 45 YEARS
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.
AGE 50 YEARS.
2
4. N. R. BABU
S/O. NARASIMAMURTHY,
AGED ABOUT 56 YEARS,
NO.707, 1ST CROSS, KAVERI NAGAR,
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.
AGE 46 YEARS
6. PRAKRUTHI SEVA SAMAJA
NO.4, KADIRENAHALLI,
BANGALORE-560 070,
REP. BY ITS SECRETARY
SRI. THIMESH PRABHU.
AGE 46 YEARS
7. JAYANAGAR CORPORATION COLONY SOCIETY
NO.674, CORPORATION COLONY
JAYANAGAR, BANGALORE - 560 082,
REP. BY ITS SECRETARY MINESHAJIVAIAH.
8. BANASHANKARI 2ND STAGE
CONSUMER CO-OPERATIVE SOCIETY,
NO.7/1, TEACHERS COLONY,
BANASHANKARI, BANGALORE - 560 085,
REP BY ITS SECRETARY,
S.R. MHOD. SALIM.
9. BANASHANKARI CONSUMER
CO-OPERATIVE SOCIETY,
NO.61, 11TH MAIN ROAD,
KUMAR SWAMY LAYOUT,
3
2ND STAGE, BANGALORE - 560 085,
REP. BY ITS SECRETARY
S.R. MOHD SALIM.
10. BANASHANKARI MAHILA CCS
NO.76, 45TH CROSS, UPADYAYARA,
BANGALORE-560 009,
REP. BY ITS SECRETARY
K. NARAYANA.
11. ASHOKA GRAMODYOGA SAHAKARA SANGHA
NO.1, 1ST MAIN ROAD,
BTM 1ST STAGE, OLD MADIVALA,
BANGALORE-560 084,
REP BY ITS SECRETARY,
SAMPATH KUMAR.
12. VIJAYALAKSHMI WOMEN CCS
J. P. NAGAR, 1ST PHASE,
NO.154, SUBBAMMA CIRCLE,
BEHIND OXFORD POLYTECHNIC,
BANGALORE-560 078,
REP. BY ITS SECRETARY P. BALAJI.
13. TILAK NAGAR YOUTH ASSOCIATION
TILAK NAGAR, BANGALORE-560 041,
REP. BY ITS SECRETARY
PRASANNA KUMAR.
14. SRI. MAHESHWARI LADIES
CO OPERATIVE SOCIETY
NO.53, 1ST MAIN, BALAJI LAYOUT,
SUDDAGUNTE PALYA, BANGALORE,
REP. BY ITS PRESIDENT MAMTHA.
15. SRI VENKATESHWARA RATION
CARD HOLDERS SOCIETY
NO.1553, 7TH MAIN ROAD,
4
BTM 2ND STAGE,
BANGALORE-560 068,
REP. BY ITS SECRETARY,
SRI. PRASANNA KUMAR.
16. KORAMANGALA RCHS
NO.1061, 7TH "A" MAIN,
1ST STAGE, KORAMANGALA,
BANGALORE-560 034,
REP. BY ITS SECRETARY
SRI. Y.M. NAGARAJA.
17. SRI VINAYAKA STORES
NO.23, APPAYYA COMPOUND,
NEAR GOVT SCHOOL,
VENKATAPURA, KORAMANGALA,
BANGALORE-560 034,
REP. BY ITS SECRETARY
SMT. JALAJAKSHI.
18. SRI CHAMUNDESHWARI CCS
NO. 525, 9TH CROSS, 7TH BLOCK,
JAYANAGARA, BANGALORE - 560 082
REP BY ITS SECRETARY TANUJA.
19. TULASI MAHILA BALAKEDARARA
SAHAKARA SANGHA,
NANJAPPA LAYOUT,
HALEMADIVALA,
BANGALORE - 560 084,
REP. BY ITS SECRETARY
SAMPANGIRAMAIAH.C,
20. SRI CHOWDESHWARI STORES
NO.3, 7TH MAIN, 24TH "A" CROSS,
KARISANSRA, BSK 2ND STAGE,
BANGALORE-560 070,
REP BY ITS SECRETARY S. KRISHNA.
5
21. LIBERTY CCS
NO.23/A, UMARBAG LAYOUT,
VIVEKANANDA COLONY,
BANGALORE-560 078,
REP BY ITS SECRETARY SHAFI.
22. PRASANNA VENKATESHWARA STORE
K.S. SHANKAR,
S/O. LATE K. SEETHAPATI,
NO.16, 3RD CROSS,
VENKATASWAMY REDDY LAYOUT,
NEAR SHIVA TALKIES, 8TH BLOCK,
KORAMANGALA, BANGALORE-560 095.
23. THYAGARAJA NAGARA
RATION CARD HOLDERS SOCIETY,
NO.227-2B, BYYAPPA BLOCK,
4TH CROSS, 2ND MAIN,
T.R. NAGARA, BANGALORE-560 028.
24. M/S. RATION CARD HOLDERS
BALAKEDARARA SAHAKARA SANGHA,
NO.187/B, JUMMA MASJID ROAD,
ILIYANA NAGAR, BANGALORE - 560 095,
REP. BY ITS SECRETARY SYED MOULANA.
25. JAYANAGAR CCS LTD.
8TH BLOCK, NO.645,
1ST MAIN ROAD, JAYANAGAR,
BANGALORE-560 082,
REP. BY ITS SECRETARY
SRI. B.S. HEMANTH KUMAR.
26. INDU TRADERS
G. NAGARAJAN,
S/O. LATE C.M. GANESH,
AGED ABOUT 66 YEARS,
NO.10/9, 12/9, 16TH "A" MAIN,
6
1ST BLOCK, EAST JAYANAGAR,
BYRASANDRA, BANGALORE - 560 084.
27. MANJUNATHA CCS
NO.71, 6TH MAIN,
BANNERGHATTA ROAD,
GURAPPANA PALYA,
BANGALORE-560 029,
REP. BY ITS SECRETARY J. BHASKAR.
28. VIJAYA LAKSHMI CCS LTD
NO.69, 26TH CROSS,
4TH MAIN, BSK-2ND STAGE,
BANGALORE-560 070
REP BY ITS SECRETARY
SRI VENUGOPAL
29. SRI DEVI CCS
NO.1149, 1ST CROSS, 18TH MAIN,
MARENAHALLI TANK ROAD,
JAYANAGAR, BANGALORE-560 041
REP BY ITS SECRETARY SRI MARAPPA
30. THYAGARAJA NAGAR TNFCS
NO.190/1, 12TH CROSS,
3RD BLOCK, THYAGARAJA NAGAR,
BANGALORE-560 028
REP BY ITS SECRETARY JYOTHI
31. MANJUNATHA CCS (BRANCH)
NO.6, NEW GURRAPPANAPALYA,
BANGALORE-560 029
REP BY ITS SECRETARY SRI J BHASKAR
32. SRI VAJRESHWARI MAHILA CCS
NO.66/1, ASHWATH KATTE ROAD,
OLD GURRAPANAPALYA,
BANGALORE-560 029
REP BY ITS SECRETARY SMT A REVATHI
7
33. SC/ST WOMENS CCS LTD
NO.514, 29TH A MAIN,
CORPORATION COLONY,
9TH BLOCK,JAYANAGAR,
BANGALORE-560 069
REP BY ITS SECRETARY A LALITHA
34. BYRASANDRA CCS
NO.34,VIVEKNAGAR POST,
KORAMANGALA,
BANGALORE-560 047
REP BY ITS SECRETARY SRI RAVINDRA
35. BYRASANDRA CCS
NO.168, 3RD CROSS,
1ST BLOCK, EAST JAYANAGAR,
BANGALORE-560011
REP BY ITS SECRETARY SRI RAVINDRA
36. BYRASANDRA CCS
NO.35, SAMATHA NAGARA
VIVEKNAGAR POST
BANGALORE-560047
REP BY ITS SECRETARY SR RAVINDRA
37. SHEEBHA STOES
NO.187, 10TH B MAIN ROAD
1ST BLOCK, JAYANAGAR
BANGALORE - 560 084
REP BY ITS SECRETARY
SMT MALATHI
38. SRIDEVI MAHILA CCS LTD
NO.135, 2ND MAIN
AMBEDKAR NAGAR 3RD STAGE
KORAMANGALA
BANGALORE-560047
REP BY ITS SECRETARY SMT SHABANA
8
39. BYRASANDRA CCS (BRANCH)
NO.280, 10TH CROSS
AMBEDKAR NAGAR
KORAMANGALA
BANGALORE - 560 034
REP BY ITS SECRETARY SRI RAVINDRA
40. BYRASANDRA CCS
NO.20/1, 3RD MAIN
BYRASANDRA 1ST BLOCK
JAYANAGARA
BANGALORE - 560 082
REP BY ITS SECRETARY SRI RAVINDRA
41. NAGARAJA STORES
NO.84, 2ND CROSS,
TAVAREKERE MAIN ROAD
CHICKA ADUGODI
BANGALORE-560 081
REP BY ITS SECRETARY
G.C.RAJASHEKAR
42. PADMASHREE CCS
NO.301, 9TH MAIN ROAD,
J.P.NAGAR, BANGALORE - 560 082
REP BY ITS SECRETARY
SRI V MANJUNATH
43. BPRMA
NO.72, PARAMAHAMSA ROAD
BENDRE NAGAR, KADRENHALLI
BANGALORE-560070
REP BY ITS SECRETARY
Y.H.JANARDHAN
44. KGNMPA
NO.1814, 12TH MAIN ROAD
33RD CROSS, BSK 2ND STAGE
9
BANGALORE-560070
REP BY ITS SECRETARY
SRI T VENKATESH
45. K G N M P A BRANCH
NO.1814, 33RD CROSS
BSK 2ND STAGE,
BANGALORE-560070
REP BY ITS SECRETARY
SRI T VENKATESH
46. K P SYED BHAKSHI
S/O LATE PEER SAB
AGED ABOUT 63 YEARS,
NO.13/D, 9TH MAIN
YARABNAGAR, BSK II STAGE,
BANGALORE - 560 085
47. T.M.MOHD.SHAFI ULLA
S/O LATE J A MOHD KHAN
AGED ABOUT 63 YEARS,
18, 1ST MAIN ROAD, 2ND CROSS
UMARBHAG LAYOUT
BANGALORE-560 078
48. NANDINI BALAKEDARA SAHAKARA SANGHA
SHOP NO.124, GOWDARAPALYA
GANESHA TEMPLE
BANGALORE-560070
REP BY ITS SECRETARY
SMT. MAHESHWARI
49. 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
10
50. MOOKAMBIKA CCS
NO.3/1, 1ST MAIN ROAD
TURUVEKRE, BANGALORE - 560 085
REP BY ITS SECRETARY SMT SUDHA D S
51. HOSAKEREHALLI BALAKEDARARA
SAHAKARA SANGHA
NO.60/5, HOSAKERE ALLI,
UTTARAHALLI (H), BSK 3RD STAGE,
BANGALORE-560085
REP BY ITS SECREATARY SRI SRIKANTH
52. VENKATESHWARA STORES
V. RAMESH
S/O LATE H VENKATESH
AGED ABOUT 45 YEARS,
NO.01, 5TH CROSS, 1ST MAIN ROAD
KADIRENAHALLI, BSK 2ND PHASE
BANGALORE-560085
53. VINAYAKA CCS
NO.728, NEAR SHIVA THEATER
BHUVANESHWARI ROAD,
KORAMANGALA
BANGALORE - 560 034
REP BY ITS SECRETARY
N GURUPRASAD
54. RATION CARD HOLDERS CCS
NO.221, 25TH MAIN, BTM 2ND STAGE
BANGALORE - 560 070
REP BY ITS SECRETARY SRI MUNIRAJU
55. JAYANAGARA CORPORATION COLONY
CARD HOLDER SOCIETY
NO.1, SRINIVASULU, VIVEKANAGARA
BANGALORE - 560 049
REP BY ITS SECRETARY MUNINANJAPPA
11
56. TAVAREKERE RCCS
NO.108/3, TAVAREKERE MAIN ROAD,
BANGALORE 560018
REP BY ITS PRESIDENT
SRI DEVARAJ M
57. N T STORES
NO.37, PATELAPPA GARDEN
BANGALORE - 560 009
REP BY ITS SECRETARY
SRI CHANDRA SHEKAR GOWDA
58. 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
59. 9TH BLOCK CCS
NO.1882, 22ND MAIN ROAD
41ST A CROSS, 4TH T BLOCK
JAYANAGAR, BANGALORE 560041
REP BY ITS SECRETARY K DANDAPANI
60. SRI THIRUMLESHWARA CCS
NO.225, SHOP NO.3,
CHICKAGOWDANA PALYA
BANGALORE 560061
REP BY ITS SECRETARY
SRI SURESH D
61. J P NAGAR IIND STAGE CCS
NO.118, KSRTC LAYOUT,
J P NAGAR, BANGALORE 560078
REP BY ITS SECRETARY
SMT JAYALAKSHMI
12
62. BANASHANKARI WOMEN CONSUMER SOCIETY
NO. 114, CHICKA ADUGODI,
TAVAREKERE MAIN ROAD,
BANGALORE 81.
REP BY ITS SECRETARY SRI CHANDRAPPA
63. THIRUMALESHWARA STORES
S/O. KEMPAMMA,
W/O. VENKATESH,
AGED ABOUT 67 YEARS,
NO.21, 2ND CROSS, BOVI COLONY,
S G PALYA, BANGALORE 29
64. RAGHAVENDRA STORE (BLS 109)
NAVANEETHA, W/O GOPI,
SHASTRI NAGAR, BANGALORE 70
65. PURNIMA CCS
SHANKARAVARDJAMA BJAT.
NO. 9, 7TH MAIN, 7TH BLOCK,
2ND CROSS, SYNDICATE COLONY,
BSK III RD STAGE, BANGALORE 85
66. GOWDANA PALYA CCS (BLS 122)
G VENKATESH,
S/O. LATE V GOVINDHA SWAMY,
NO. 336, 7TH CROSS, 7TH MAIN,
BASAVESHWARI NAGAR,
BSK 3RD STAGE, BANGALROE 85
67. CHANDRACHUDAWARA CCS (146)
BHAGYA,
NO. 336, 7TH CROSS, 7TH MAIN,
BHUVANESHWARI NAGAR,
BSK 3RD STAGE, BANGALORE 85
68. GOWDANA (PALYA CCS 123)
G VENKATESH,
S/O. LATE. GOVINDHA SWAMY,
13
NO. 336, 7TH CROSS, 7TH MAIN,
BASAVESHWARA NAGAR,
BSK 3RD STAGE, BANGALROE 85
69. CHANDRACHUDAWARA (CCS 120)
BHGYA W/O. VENKATESH,
NO. 336, 7TH CROSS, 7TH MAIN,
BHUVANESHWARI NAGAR,
BSK 3RD STAGE, BANGALORE 85
70. HASIRU PADITARA CCS
IMAM B ,
NO. 602, 6TH CROSS,
3RD STAGE, AMBEDKAR NAGAR,
KORAMANGALA SLUM,
BANGALORE 560047
71. SUDHA MAHILA BALAKEDARA SANGHA
NO.1, PADMA SHOPING COMPLEX,
SITE NO.201, GIRINAGARA
BANGALORE - 560 041.
REP BY IT S SECRETARY
SMT. HE MAVATHI.
72. J.B. STORES
NO.25, 1ST MAIN ROAD,
AGED ABOUT 57 YEARS,
20TH CROSS, KRISHNA
BANGLAORE 560030.
REP BY ITS SECRETARY J.B. KUMAR.
73. S. MOHD. JALIL
S/O LATE MOD. SALEHA,
AGED ABOUT 43 YEARS,
NO.23/1, 2ND MAIN ROD,
NANJAPPA LAYOUT, ADUGODI.
BANGALORE 560030.
14
74. AVS CCS (ARYA VAISHYA SANGHA)
NO.496, 6TH CROSS, LALBAGH ROAD,
SIDDAPUR, JAYANAGAR, 1ST BLOCK,
BANGALORE - 560 082.
REP BY ITS SECRETARY
SRI T. SUBRAMANI.
AGED ABOUT 43 YEARS.
75. AVS CCS (ARYA VAISHYA SANGHA)
NO.78 , BKM COLONY,
LALBAGH ROAD, SIDDAPURK,
JAYNAGAR 1ST BLOCK,
BANGALORE - 560 082.
REP BY ITS SECRETARY T. SUBRAMANI.
AGED ABOUT 43 YEARS
76. HOMBEGOWDA CCS
NO.1, 4TH CROSS, WILSON GARDEN,
BANGLAORE - 560 091.
REP BY ITS SECRETARY
SRI. Y.K. PRAKASH.
AGED ABOUT 38 YEARS
77. D.S. SURESH BABU
S/O SURAIAH SHETTY
AGED ABOUT 58 YEARS,
NO.12, 11TH CROSS,
RATGHAVENDRA LAYOUT,
BANGALORE 560070.
AGED ABOUT 43 YEARS
78. K. KRISHNA
S/O C. KALYAN RAJ
AGED ABOIUT 76 YEARS,
GAJANANA STORES.
NO.867, 2ND CROSS, 3RD MAIN ROAD,
KALIDASANAGAR, HOSAKEREHALLI.
BSK 3RD STAGE, BANGALORE 560085.
15
79. MOHD. AKBAR SHARIFF
NO.96, SOMESHWARA NAGR,
JAYANAGAR 1ST BLOCK,
BANGALORE - 560 082.
AGED ABOUT 65 YEARS.
80. T NANJUNDA REDDY,
AGED ABOUT 48 YEARS
NO.387/1, 14TH CROSS
V MAIN ROAD, CHINNAYANNAPALYA
BANGALORE-560030
81. AYAPPA SWAMY CCS
NO.14, SOMESHWARNAGAR I BLOCK
BANGALORE-560011
REP BY ITS SECRETARY
R SHIVAKUMAR
AGED ABOUT 43 YEARS
82. 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
83. MAHALINESHWARA RATION CARD
HOLDERS SOCIETY
NO.5, MAALINGESHWARA SLUM
R H COLONY, ADUGODI
BANGALORE-560030
REP BY ITS SECRETARY TAMMAIAH T M
AGED ABOUT 52 YEARS
84. SRI LAL MOHAMMAD
S/O MOHD. SALEHA
AGED ABOUT 55 YEARS
NO.47, IST MAIN, 2ND CROSS
XAVIER LAYOUT, BANGALORE-560047
16
85. GAJANANA CCS
NO.2, IST MAIN ROAD
VEERABADRAPURA
BANASHANKARI 3RD STAGE
BANGALORE-560085
REP BY ITS PRESIDENT VENKATESH
AGED ABOUT 48 YEARS
86. SREE RAMA CCS LTD
NO.4, 2ND CROSS, ANGAPPA GARDEN
EGPURA, BANGALORE-560085
REP BY ITS SECRETARY SRI T DEVRAJ
AGED ABOUT 38 YEARS
87. SRI NANJUNDESHWARA BALAKEDARARA
SAHAKARA SANGHA,
NO.36, LALAJINAGAR, IST MAIN ROAD
BANGALORE-560030
REP BY ITS SECRETARY
SRI NANJUNDA GUPTA
AGED ABOUT 45 YEARS
88. BANAGIRI CCS
NO.85/9, 100 FEET ROAD
NEAR PES ENGINEERING COLLEGE
HOSAKEREHALLI, BANGALORE-560085
REP BY ITS SECRETARY G SHOBHA
AGED ABOUT 40 YEARS
89. HOSAKEREHALLI BALAKEDARARA
SAHAKARA SANGHA,
NO.14/1, MOOKAMBIKA NAGAR,
BANASHANKARI 3RD STAGE,
BANGALORE-560 085
REP BY ITS SECRETARY SRIKANTH
AGED ABOUT 44 YEARS
17
90. KEMPEGOWDANAGAR HALU
UTPADAKARA SANGHA,
NO.49, 1ST MAIN, 2ND CROSS,
KEMPEGOWDA LAYOUT, KATHRIGUPPE,
BANGALORE-560 019.
REP BY ITS SECRETARY K.RAMU
AGED ABOUT 30 YEARS.
91. KODANDARAMASWAMY CCS
NO.95, EGIPUR, VIVEKNAGAR,
BANGALORE-560 047.
REP BY ITS SECRETARY T.RAMESH
AGED ABOUT 35 YEARS
92. DHANALAKSHMI CCS
NO.522/2, CHINNA ROAD,
EGIPURA, BANGALORE-560 047
REP BY ITS SECRETARY SRI SUNDARESH
AGED ABOUT 38 YEARS
93. RANJINI STORES
REP BY ITS SECRETARY,
SRI.T.SHAMANNA,
NO.210, WILSONGARNDEN
BANGALORE-560 027
AGED ABOUT 58 YEARS.
94. ARCHANA MAHILA CCS
REP BY ITS SECRETARY,
SMT.AMMULU,
AGED ABOUT 28 YEARS,
SHOP NO.554, DIVISION 30,
SRINAGARA, SOUTH RANGE,
BANGALORE-560 050.
95. ARCHANA BALAKEDARARA
SAHAKARA SANGHA
REP BY ITS SECRETARY SMT.AMMULU
18
AGED ABOUT 28 YEARS,
NO.970-14, 10TH MAIN ROAD,
RAGHAVENDRA BADAVANE
SRINAGARA, BANGALORE-560 050.
96. POORNIMA CCS (BLS-067)
NO.99/2, BSK 3RD STAGE,
4TH BLOCK, BANGALORE-560 085
REP BY ITS SECRETARY
SHANKARANANDA V BHAT
AGED ABOUT 40 YEARS.
97. TILAK NAGAR CCS (BIS-023)
NO.19, 2ND CROSS, VINAYAKANAGAR,
IIIRD STAGE, BANGALORE-560 050
REP BY ITS SECRETARY.
98. USHA MAHILA BALAKEDARA SAHAKARA SANGHA
NO. 126, KATTARIGUPPE,
BANGALORE - 560 085
REP BY ITS SECRETARY SRI BYRAPPA,
AGED ABOUT 50 YEARS.
99. BHUVANESHWARI CONSUMER
CO-OPERATIVE SOCIETY (BLS-69)
NO. 18/110, PURNA PRAGNA LAYOUT
BUVANESHWARI NAGAR
BANGALORE - 560 085
SHOP NO. BLS 69
REP BY ITS SECRETARY SRI ANIL KUMAR.
100. MYTHRI MAHILA CCS (BLS-111)
NO. 340, 8TH CROSS, VEEDYA PEET,
BANASHANKARI 3RD STAGE,
BANGALORE - 560 085
REP BY ITS SECRETARY
SMT. ANUSUYA KALASE GOWDA
19
101. BHUVANESHWARI CONSUMER
CO-OPERATIVE SOCIETY
NO.1ST CROSS, RANGAPPA LAYOUT
BUVANESHWARI NAGAR
BANGALORE - 560 085
SHOP NO. BLS-68
REP BY ITS SECRETARY
ANIL KUMAR.
102. BHUVANESHWARI CONSUMER
CO-OPERATIVE SOCIETY
NO.41, BUVANESHWARI NAGAR
PWD MAIN ROAD, ITAMADUGU VILLAGE,
BANGALORE - 560 085
SHOP NO. BLS-79
REP BY ITS SECRETARY
ANIL KUMAR.
AGED ABOUT 28 YEARS.
103. MALLIKARJUNA STORES
NO.31, VENKATASWAMY LAYOUT,
KORAMANAGALA 8TH BLOCK,
BANGALORE - 560 085
SRI M MALLAIAH,
AGED ABOUT 55 YEARS.
104. IMRAN ENTERPRISES
NO. 190, 5TH MAIN, KSRTC LAYOUT,
JP NAGARA 2ND PHASE,
BANGALORE - 560 078
REP BY ITS SECRETARY N A KHAN,
AGED ABOUT 55 YEARS.
105. S.S. GOVINDARAJU GUPTA,
S/O R. SRINIVASA MURTHY,
AGED ABOUT 50 YEARS,
NO.3697, 9TH MAIN ROAD,
10TH CROSS, KAVERI NAGAR,
BSK II STAGE, BANGALORE - 560 070
20
106. BHAVANI CONSUMER
CO-OPERATIVE (BLS-129),
SOCIETY NO.27, BANAGIRI NAGARA,
BANASHANKARI 3RD STAGE,
BANGALORE - 560 085
REP. BY ITS PRESIDENT SMT. SUJATHA
... PETITIONERS
(BY SRI ASHOK HARANAHALLI, SENIOR ADVOCATE FOR
SRI NAGARAJA N. NAIDU, ADVOCATE)
AND:
1. THE COMMISSIONER
FOOD & CIVIL SUPPLIES DEPARTMENT
BANGALORE - 560 001
2. THE ADDITIONAL DIRECTOR
FOOD AND CIVIL SUPPLIES,
CUNNIGHAM ROAD,
BANGALORE - 560 001 ... RESPONDENTS
(BY SRI SHIVAPRABHU S. HIREMATH, AGA)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RELEVANT RECORDS; QUASH PORTION OF THE
ORDER DATED 16.12.2016 AND 19.12.2016 VIDE ANNEX-D
AND E PASSED BY R-1 IN SO FAR AS IT RELATES AND
PERTAINS TO GRANTING ORDER OF STAY TO THE ORDER
DATED 5.11.2016 AND 9.11.2016 VIDE ANNEX-A AND B
PASSED BY R-2 AND TO SET ASIDE THE ORDER OF
REJECTION PASSED BY R-2 ON 26.12.2016, 30.12.2016 AND
31.12.2016 IN REJECTING THE MEMO REFUSING TO EXTEND
THE STAY VIDE ANNEX-F, G & H AND ETC.
21
W.P.Nos.1072-1111/2017 AND W.P.Nos.1112-1134/2017:
1. S SHEKAR
S/O SUBRAMANI,
AGED ABOUT 50 YEARS,
R/AT NO.33, 1ST MAIN ROAD,
3RD CROSS, KALLAPPA BLOCK,
RAMACHANDRAPURAM,
BANGALORE-560 021
2. SMT VASANTHA LAKSHMI
W/O LATE BALARAMAYYA,
AGED ABOUT 62 YEARS,
NO.78/A, MATHRU KRUPA,
1ST CROSS, CKC GARDEN,
LALBHAG ROAD,
BANGALORE-560 027
3. SRI VENKATESH
S/O LATE E KRISHNAPPA,
AGED ABOUT 45 YEARS
NO.9, 3RD CROSS, KEMPEGOWDA NAGAR,
VINOBA NAGAR, SIDDAIAH ROAD,
BANGALORE-560 027
4. R ARUMUGAM
PROP. RAJVELU STORES
AGED ABOUT 75 YEARS
NO.50, CK CHINNAPPA GARDEN
LALBHAG ROAD, BANGALORE-560091
5. SRI SYED ABDUL KHADAR
S/O ALTE SYED JAMEERUDDIN
AGED ABOUT 38YEARS
NO.45/14, 1ST CROSS
H SIDDAIAH ROAD
BANGALORE - 560 091
22
6. DBK CCS
3RD CROSS, ANNIPURA
H SIDDAIAH ROAD
BANGALORE-560027
REP BY ITS SECRETARY
SRI K MOHD JAFAR ALI
7. SMT. K S PADMAVATHI
W/O K.S. SATHYANARAYANA
AGED ABOUT 52 YEARS
NO.9/2, LBF ROAD
BANGALORE-560004
8. DR.B.R.AMBEDKER CCS
NO.98, NEW LAYOUT
5TH CROSS, ANJANAPPA GARDEN
MYSORE ROAD, BANGLAORE-5460018
REP BY ITS SECRETARY SRI BHASKAR
9. DR B R AMBEDKAR SC/ST CCS
NO.67/1, IV CROSS,
ANJANAPPA GARDEN
MYSORE ROAD, BANGALORE-560018
REP BY ITS SECRETARY
SRI BHASKAR
10. ASHWATHNARAYANA SHETTY
S/PO ADINARAYANA SHETTY
AGED ABOUT 58 YEARS,
NO.9, HONNARAPPA GALLI
SIDDANNA LANE
BANGALORE - 560 091.
11. PAULSON STORES
NO.50, 1ST CROSS, CKC GARDEN
LALBHAGH ROAD
BANGALORE-560027
REP BY ITS SECRETARY T.R.BABU
23
12. M.A.GULJAR AHMED
S/O LATE M.A.KHALIK
PROP M/S KHALI AND SONS
AGED ABOUT 50 YEARS
NO.8, NANJEGOWDA ROAD,
DODDA MAVALLI
BANGALORE - 560 020.
13. R.P.STORES
NO.2, DM LANE
KALASIPALYAM
BANGALORE - 560 021
REP BY ITS SECRETARY
V.C.KESHAVA
14. KALASIPALYA RCHS
NO.87, MTB ROAD,
APPAJAPPA GARDEN
BANGALORE-560002
REP BY ITS SECRETARY T.CHANDRU
15. RAGHAVENDRA STORES
NO.1, 5TH MAIN ROAD,
SRIRAM PURA, BANGALORE-560021
REP BY ITS PRESIDENT
NAGABHUSHAN
16. M/S V RUDRAPPA FAIR PRICE SHOP
NO.104, 2ND STAGE,
MARENAHALLI VINAYAKA LAYOUT
VIJAYANAGAR, BANGALORE-560040
REP BY ITS SECRETARY SRI MAHESH A
17. SIDDALINGESHWARA CCS
NO.29, 2ND CROSS
GOPALAPURA, MAGADI ROAD
BANGALORE - 560 030
REP BY ITS SECRETARY
SRI NARASIMHA
24
18. SRI KODANDA RAMA TEMPLE
DEVELOPMENT TRUST
NO.17, 2ND CROSS, A STREET
GOPALAPURA, MAGADI ROAD
BANGALORE-560023
REP BY ITS SECRETARY
SMT THILAK KUMAR
19. SRI C V VENKATARATNAIAH SHETTY
S/O C VENKARAMAIAH SHETTY
AGED ABOUT 75 YEARS
NO.29, 8TH CROSS, SRIRAMPURA
BANGALORE - 560 020.
20. ZAREEN STORES
NO.43, SIDDARTH NAGAR
TCM ROYAN ROAD
BANGALORE - 560 021
REP BY ITS SECRETARY
A.T.SHAMUDIN
21. GHOUSE STORES
NO.59, 3RD CROSS,
ANJINAPPA GARDEN,
BANGALORE - 560 030
REP BY ITS SECRETARY
SRI ATHAULLA
22. ALMAS EDUCATION SOCIEITY
NO.22, 4TH CROSS, PENSION MOALLA
BANGALORE-560018
REP BY ITS SECRETARY ALMAS
23. SHREE HAROON RASHEED
S/O. LATE S.M. BABAJAN,
AGED ABOUT 52 YEARS,
NO.19, SIDDARTHA NAGAR,
BANGALORE-560 005.
25
24. N. PADMA
W/O. SIDDAYYA,
AGED ABOUT 48 YEARS,
NO.30/3, GROUND FLOOR,
7TH CROSS, 5TH MAIN ROAD,
DEVANATHACHAR STREET,
CHAMRAJPET, BANGALORE -560 085.
25. SRI. M. MUNIRAJU
AGED ABOUT 51 YEARS,
NO.13, 4TH MAIN, ROAD, 9TH CROSS,
SAMPANGIRAMANAGAR,
BANGALORE - 560 084
26. BSK RAMA SHETTY
AGED ABOUT 52 YERAS,
NO.10/2, 3RD CROSS,
SRIRAMAPURAM,
BANGALORE-560 021.
27. HANUMANTHAPURA CO-OPERATIVE SOCIETY,
NO.17, 4TH CROSS, SWATANTHRA NAGAR,
BANGALORE - 560 023
REP. BY ITS SECRETARY
M. RAMAMURTHY.
28. R. SRINATH
S/O. LATE A.M. RAMACHANDRA SHETTY,
AGED ABOUT 44 YEARS,
NO.7, MTB ROAD,
BANGALORE-560 002.
29. SRI. PUTTASWAMAPPA
S/O. RAMAYYA,
AGED ABOUT 49 YEARS,
NO.154, 2ND MAIN ROAD,
LAKSHMINARAYANA PURA,
BANGALORE-560 021.
26
30. K. A. RIZWAN PASHA
S/O. K. AHMAD BASHA,
AGED ABOUT 42 YEARS,
18TH MAIN, MARENAHALLI TANK ROAD,
JALIMOHALLA, BANGALORE-560 053.
31. NOORULLA KHAN
S/O. KADARKHAN,
AGED ABOUT 69 YEARS,
NO.8, 5TH CROSS, OPP MOHALLA,
BANGALORE-560 018.
32. R. NARAYAN
S/O. RANGAPILLE,
AGE 55 YEARS,
NO.55, AKKIPET MAIN ROAD,
BANGALORE-560 053.
33. M C AMBU
S/O BHAGIRATHAN,
AGED ABOUT 65 YEARS,
NO. 114/2, II MAIN,
RAMACHANDRAPURA,
BANGALROE 560021
34. RAMAKRISHNA STORE
NO. 1, RAJAGOPAL GARDEN,
MTB ROAD, KALASIPALYA,
BANGALORE - 560 030.
REP BY ITS SECRETARY
SRI. B R SHIVANAND
35. RAMACHANDRAPURA BALAKEDARARA
SAHAKARA SANGHA
NO. 240/1, 2ND MAIN,
RAMACHANDRAPURAM,
BANGALROE 560021,
REP BY ITS SECRETARY
SRI. MUNISUBBAIAH B
27
36. J SHYAMALADEVI
D/O. LATE. JAYAPRAKASH,
AGED ABOUT 34 YEARS,
NO. 1015, 7TH MAIN ROAD,
SRIRAMAPURA, BANGALORE 560021
37. SMT. GEETHA R
W/O. LATE. RENUGOPAL,
AGED ABOUT 46 YEARS,
NO. 46, 1ST CROSS, KALAPPA BLOCK,
RAMACHANDRAPURA,
BANGALORE - 560 021.
38. B.K.PRAKASH
S/O B.H.KRISHNAIAH SHETTY,
AGED ABOUT 60 YEARS,
NO.19/1, DARJIPET,
R.T.STREET CROSS,
BANGALORE-560053
39. B.R.SHWETHA
D/O LATE K.C.RUDRAMURTHY,
AGED ABOUT 27 YEARS,
NO.1029, 6TH CROSS,
7TH MAIN ROAD, SRIRAMPURA,
BANGALORE-560021
40. MOOKAMBIKA CCS
BLC-31, NO.19, OKALIPURAM,
BANGALORE-560021
REP BY ITS SECRETARY
M/S KAVITHA S
41. SECRETARY RCHS
KADRINPALYA MAIN ROAD,
INDRANAGARA,
BANGALORE - 560 075
REP BY ITS SECRETARY RAME GOWDA
28
42. N.K.LAXMAN GOWDA
S/O KONEDI GOWDA,
AGED ABOUT 50 YEARS,
NO.12/1, EAST ROAD,
SHANTHINAGAR,
BANGALORE - 560 035
43. H K NARAYANA
S/O.H.K.KALEGOWDA,
AGED ABOUT 66 YEARS,
NO.249, NANJAPPA ROAD,
SHANTHINAGAR, BANGALORE - 560 035.
44. M CHANDRA
S/O.LATE MUNIYAPPA,
AGED ABOUT 35 YEARS,
NO.3/2, 10TH CROSS,
ANEPALYA, BANGALORE- 560 030.
45. SECRETAR 45/1, HONNARPET CCS
NO.45/1, BAZAR STREET,
VANNARPET, BANGALORE-560047.
REP. BY ITS SECRETARY
SRI K.R.KRISHNAMURTHY,
AGED ABOUT 50 YEARS.
46. A MURALIDHARA
S/O ADEPPA NAIDU,
AGED ABOUT 48 YEARS,
NO.11, 1ST MAIN ROAD,
5TH CROSS, VINAYAKA NAGAR,
BANGALORE-560027.
47. SMT M MEENAKSHI
W/O.L.NAGARAJU,
AGED ABOUT 56 YEARS,
NO.7/1, 1ST CROSS,
HEBBAL MAIN ROAD,
GANGANGAR, BANGALORE-560032.
29
48. NAZEERUDDIN K A
S/O MOHD. AZAM K
AGED ABOUT 54 YEARS,
HONNARPET, BANGALORE - 560 030.
49. MUTYALAMMA MULTIPURPOSES CCS
REP BY ITS SECRETARY T. DEVRAJ
AGED ABOUT 49 YEARS,
SHOP NO. BW-34,
BANASWADY ROAD, 10TH MAIN,
10TH CROSS, B V REDDYS COLONY,
BANGALORE - 560 043.
50. SONNENAHALLI CCS
REP BY ITS SECRETARY
K BABU PRATAP,
AGED ABOUT 46 YEARS,
NO.1/3, ANDRALANE VIVEKNAGARA,
BANGALORE - 560 047.
51. SHAZIYA BHANU STORES
JM-35, NEELASANDRA
BANGALORE - 560 080
SMT. SHAZIYA BHANU.
52. G VENKATALAKSHMI STORE
H L 026, G M PALYA,
S.G.PALYA (JOG PALYA)
BANGALORE - 75.
53. AYYAPPA C.C.S BW-22
R.S.PALYA, BANGALORE-33
REP BY ITS SECRETARY D.VISHWANATH
54. NANJAREDDY CCS
CHELLAGHATTA
HLD 013, BANGALORE-17
REP BY ITS SECRETARY
VASUDEV REDDY R
30
55. AYYAPPA CCS BW 32
NO.6, MUNISWAMY LAYOUT,
NEHRU ROAD, KAMMANAHALLI
BANGALORE - 560 081.
56. BALAJI CCS
NO.35/1, BHARATHI ROAD,
ARVINDANAGAR,
BANGALORE-84
REP BY ITS SECRETARY K.KUMAR.
57. MOOKAMBIKA CCS
SHOP NO.449, (BW-18)
RAMASWAMYPALYA
BANGALORE-33.
58. KAMMANAHALLI CCS
SHOP NO: BD:66
NO.248, 7TH MAIN ROAD,
M V GARDEN, ULSOOR
BANGLAORE 560008.
REP BY ITS SECRETARY KALAIVAN.
59. KALI CCS
R. SUMITHRA
W/O RAVICHANDRAN,
AGED ABOUT 59 YEARS,
NO.11, GOWTHAMPURA
ULSOOR, BANGLAORE 560080.
60. G VINAYAKA YUVAKA RAITHA SANGHA
SUUDUGUNTA PALYA
SHOP NO: DB:27
C.V. RAMANAGAR POST
BANGALORE 560093.
REP BY ITS SECRETARY
SRIU. B NAGARAJ
31
61. K. SRIRAMULU
S/O KRISHNAIAH
SHOP NO: BD:008
NO.59, BASAVARAJA COMPLEX,
RAMESHWARA NAGAR
MARATHALLI POST
BANGALORE 560037.
62. RATION CARD HOLDERS CCS
NO.1, BS COLONY
HAL 2ND STAGE
BANGALORE 560008.
REP BY ITS SECRETARY
SMT. SOWBHAGYA.
63. MAHAMUNI STORES
PROP. KASHIVISHWANTHA,
FAIR PRICE SHOP NO.HL-33,
NAGAVARAPALYA,
C.V. RAMAN NAGAR POST
BANGALORE-93. ... PETITIONERS
(BY SRI ASHOK HARANAHALLI, SENIOR ADVOCATE FOR
SRI NAGARAJA N. NAIDU, ADVOCATE)
AND:
1. THE COMMISSIONER
FOOD & CIVIL SUPPLIES DEPARTMENT,
BANGALORE-01.
2. THE ADDITIONAL DIRECTOR
FOOD AND CIVIL SUPPLIES,
CUNNIGHAM ROAD,
BANGALORE-01. ... RESPONDENTS
(BY SRI SHIVAPRABHU S. HIREMATH, AGA)
32
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR RELEVANT RECORDS; QUASH PORTION OF THE
ORDER DATED 19.12.2016 AND 17.12.2016 VIDE ANNEX-D
AND E PASSED BY R-1 IN SO FAR AS IT RELATES AND
PERTAINS TO GRANTING ORDER OF STAY TO THE ORDER
DATED 5.11.2016 VIDE ANNEX-A AND B PASSED BY R-2 AND
TO SET ASIDE THE ORDER OF REJECTION PASSED BY R-2
ON 26.12.2016, 29.12.2016 IN REJECTING THE MEMO
REFUSING TO EXTEND THE STAY VIDE ANNEX-F AND G
AND ETC.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
W.P.Nos.1135-1241/2017, W.P Nos.1072-1111/2017 and W.P.Nos.1112-1134/2017 are ordered to be connected, are heard together and are being disposed of by this common order, as the questions of law and facts involved are the same in all these batches of writ petitions.
2. The petitioners have been running the fair price depots. The respondent No.2 passed the order, dated 5.11.2016 (Annexure- A) suspending their authorization to run the fair price depots on finding that the fake coupons were created utilizing one adhar number. The petitioners filed the appeals before the Appellate 33 Authority invoking Order 17 of the Karnataka Essential Commodities Public Distribution System (Control) Order, 2016 ('PDS Control Order, 2016'). They had also filed the I.A. for the grant of stay of the suspension order, dated 5.11.2016. As there have been no sittings of the Appellate Authority, the petitioners were constrained to approach this Court by filing W.P.Nos.59931- 59937/2016 and other connected petitions. Subsequent to the filing of the said writ petitions, the Appellate Authority dismissed the petitioners' I.A. for stay by its order, dated 15.11.2016. On forming the considered view that the said order was passed without affording an opportunity of hearing to the petitioners, this Court allowed the said writ petitions by its order, dated 30.11.2016 directing the Appellate Authority to dispose of the petitioners' I.A. for stay afresh after affording an opportunity of hearing and within one week from the date of their appearance. Further, the Appellate Authority was directed to dispose of the main matter within three months from the date of the issuance of the certified copy of the order, dated 30.11.2016. To safeguard the interests of the 34 petitioners, this Court also continued the effect of the interim stay till the disposal of the petitioners' I.A. for stay afresh. Pursuant thereto, the Appellate Authority disposed of the main matter itself by its orders, dated 16.12.2016 and 19.12.2016 (Annexures-D and E respectively in W.P.Nos.1135-1241/2017), 19.12.2016 and 17.12.2016 (Annexures-D and E respectively in W.P.Nos.1072- 1111/2017 and W.P.Nos.1112-1134/2017). The Appellate Authority allowed the appeal by directing the respondent No.2 to decide the matter afresh within one month/45 days after affording an opportunity of hearing to the petitioners. The Appellate Authority continued the effect of the stay order of the suspension order, dated 5.11.2016 till the next date of hearing before the respondent No.2. The next date of hearing before the respondent No.2 was 26.12.2016, 30.12.2016 and 31.12.2016, by which date the petitioners made the I.A. for stay in both the petitions.
3. Sri Ashok Haranahallli, the learned Senior Counsel appearing for Sri Nagaraja N. Naidu for the petitioners submits that the petitioners' learned advocates were not given any opportunity to 35 advance the arguments. He submits that the authorities have to hear the learned advocates, who are espousing the cause of their respective clients; they are entitled to fair treatment at the hands of the authorities. Avoiding the advocates would come in the way of securing the ends of justice.
4. He submits that these petitions may be disposed of in terms of the order, dated 6.1.2017 passed in W.P.No.595-677/2017. He submits that when the Appellate Authority has allowed the appeal filed by the petitioners, the order suspending the petitioners' authorization is impliedly set aside. He submits that the respondent No.2 cannot over-reach the orders passed by the Appellate Authority and by this Court. When the Appellate Authority has allowed the appeal and continued the interim stay till the next date of hearing before the respondent No.2 and when there is no change in the circumstances, the respondent No.2 ought to have continued the interim stay.
36
5. Sri Shivaprabhu S. Hiremath, the learned Additional Government Advocate appearing for the respondents submits that the parties and their lawyers are heard in the enquiry proceedings before the respondent No.2. He submits that the parties have also filed their written arguments. He submits that the order sheet maintained by the respondent No.2 refers to the details of the proceedings. He submits that the respondent No.2 (Smt. Shantha L. Hulmani, Additional Director, Food and Civil Supplies Department, Bengaluru) is present before the Court. She also showed the records and explained them to the Court. She was permitted to do so after obtaining the petitioners' no objection to the same. She further brings to my notice that the learned advocate for the petitioners sought two weeks' adjournment on health ground. She submits that in view of the urgency of the matter and the gravity of the allegations against the petitioning authorization- holders, the cases cannot be adjourned for an asking.
6. The submissions of the learned counsel have received my thoughtful consideration. The public distribution system is not 37 meant for the authorization-holders. The end beneficiaries of the system are the card-holders. The intended benefits have to percolate to the card-holders. Otherwise the very purpose of introducing the welfarist and benevolent system like public distribution system would get defeated. The authorization-holders are only the agents or catalysists in the process. They cannot be permitted to scuttle the interests of the ration card-holders under any circumstance.
7. Nonetheless, if any action is to be taken against the authorization-holders, it has to be strictly in a manner known to law. The proviso to Order 12 of the PDS Control Order, 2016 prescribes that a reasonable opportunity of hearing is to be afforded to the authorization-holders before taking the decision to cancel their authorization for contravening the conditions of the authorization. There is lot of confusion as to whether the petitioners/their learned advocates is/are heard by the respondent No.2 in the matter. There are assertions and denials, if not allegations and counter-allegations. Without returning any finding 38 on such assertions and denials, I form the considered view that the ends of justice would be met by my directing the respondent No.2 to afford an opportunity to the petitioners/their learned advocates to make their oral and written submissions on 23.1.2017. The petitioners and/or their learned advocates are directed to be present before the respondent No.2 at 11.00 a.m. on 23.1.2017 without waiting for any notice from the respondent No.2. The submission made on behalf of the petitioners that without seeking any adjournment, they would complete their arguments, both oral and written, on 23.1.2017 itself is placed on record.
8. The Appellate Authority's orders, dated 16.12.2016, 19.12.2016 and 17.12.2016 have prescribed the time-line of one month/45 days for the final adjudication of the matter by the respondent No.2, which period is expiring on 6.2.2017. Three weeks have already elapsed from the date of the passing the orders on 16.12.2016, 19.12.216 and 17.12.2016 by the Appellate Authority. The petitioners had the benefit of the interim order in W.P.Nos.59931-59937/2016 and other connected petitions. The 39 Appellate Authority has also continued the effect of the interim order till the next date of hearing before the respondent No.2, that is till 26.12.2016, 30.12.2016 and 31.12.2016. Considering these time-lines, I do not propose to re-direct the respondent No.2 to consider the petitioners' I.A. for stay afresh. Considering the I.A. for stay and the main matter in a case of this nature, require more or less same amount of time. Duality of hearing exercise on I.A. and the main matter would only make avoidable demand on public time.
9. The impugned order is just in the nature of an endorsement. The submissions, if any, made on behalf of the petitioners are not even referred to, much less considered. The learned Senior Counsel's submission that the impugned endorsements are issued without hearing the petitioners' learned advocate cannot be said to be without substance. In that view of the matter, they are therefore liable to be quashed and accordingly it is quashed.
40
10. These petitions are disposed of with a direction to the respondent No.2 reiterating the direction of the respondent No.1 that the main matter has to be disposed of within one month/45 days from the date of the receipt of the orders, dated 16.12.2016, 19.12.2016 and 17.12.2016. Needless to observe that the respondent No.2 is required to afford reasonable opportunities of hearing to the petitioners. Further, the effect of the interim stay granted by the first respondent Appellate Authority is continued till the disposal of the main matter by the respondent No.2. Needless to observe that all the contentions are left open to be urged before the respondent No.2. Status quo ante which existed as on 5.11.2016 is to be restored till the disposal of the main matter by the respondent No.2.
Sd/-
JUDGE MD