Karnataka High Court
Basavanagouda Patil vs State Of Karnataka on 3 June, 2013
Bench: Chief Justice, B.V.Nagarathna
-1-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 3rd DAY OF JUNE 2013
PRESENT
THE HON' BLE MR.D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON' BLE MRS.JUSTICE B.V.NAGARATHNA
WP No.50856/2012(S-RES-PIL)
BETWEEN
1. BASAVANAGOUDA PATIL
AGED ABOUT 22 YEARS,
S/O SHIVARAJ B PATIL
RESIDING AT 11, 5TH MAIN,
5TH CROSS, PAPAIAH GARDEN,
BANSHANKARI III STAGE,
BANGALORE-560 085
2. ABHILASHA MONDAL
AGED ABOUT 20 YEARS,
D/O LATE PRASUN KUMAR MONDAL,
RESIDING AT 309, NILGIRIS,
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY,
NAGARBHAVI,
BANGALORE
3. ATULAA KRISHNAMURTHY
AGED ABOUT 19 YEARS,
D/O KRISHNAMURTHY RAJAN,
RESIDING AT 101, VINDHYAS,
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY,
NAGARBHAVI,
BANGALORE
4. RAMIREDDY SHASHANK REDDY
AGED ABOUT 20 YEARS,
S/O RAMIREDDY CHANDRA
MOWLEESWAR REDDY,
-2-
RESIDING AT 302,
GANGA, NATIONAL LAW SCHOOL
OF INDIA UNIVERSITY,
NAGARBHAVI,
BANGALORE
5. TENZIN PALDRON TSERING
AGED ABOUT 21 YEARS,
D/O YESHI TSERING
RESIDING AT # 309, NILGIRIS,
NATIONAL LAW SCHOOL OF
INDIA UNIVERSITY,
NAGARBHAVI,
BANGALORE
6. JANAADESH
A SOCIETY REGISTERED UNDER THE KARNATAKA
SOCIETIETS REGISTRATION ACT, 1960,
HAVING ITS REGISTERED OFFICE AT:
"JANAADESH" C/O BASAVA PRABHU HOSSAKERI,
GIRINIVAS, 4TH CROSS,
SHIVANAND NAGAR,
DHARWAD 580001,
REPRESENTED BY ITS SECRETARY,
MS. MADHURI KULKARNI
... PETITIONERS
(By Smt.JAYNA KOTHARI, ADV.,)
AND
1. STATE OF KARNATAKA
THROUGH ITS CHIEF SECRETARY,
III FLOOR, VIDHAN SOUDHA,
BANGALORE
2. THE STATE OF KARNATAKA
FOOD, CIVIL SUPPLIES, AND
CONSUMER AFFAIRS DEPARTMENT
NO.8, CUNNINGHAM ROAD,
BANGALORE 560052,
REPRESENTED BY ITS COMMISSIONER
-3-
3. THE KARNATAKA STATE CONSUMER
DISPUTES REDRESSAL COMMISSION,
BASAVA BHAVAN, HIGH GROUNDS,
BASAVESWARA CIRCLE,
BANGALORE 560001
REPRESENTED BY ITS REGISTRAR
... RESPONDENTS
(By Sri.R.DEVDAS, AGA FOR R1 & 2
SRI.NAGENDRA KUMAR, ADV. FOR
M/S.GANAPATHI BHAT ASSTS. ADVS FOR R.3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT R1 & R2 TO FILL UP ALL VACANCIES OF MEMBERS IN
R3 STATE COMMISSION & ALL THE DISTRICT FORUM IN
KARNATAKA WHERE THERE ARE CURRENTLY VACANIES
WIHIN A FIXED TIME PERIOD AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, NAGARATHNA .J, MADE THE
FOLLOWING:
ORDER
1. This Writ Petition which is filed in public interest has sought the following prayers;
" A) Issue a writ or direction in the nature of mandamus directing the 1st and 2nd respondents to fill up all vacancies of Members in the respondent no.3 State Commission and all the District Forum in Karnataka where there are currently vacancies within a fixed time period;-4-
B) Pass a writ or direction in the nature of a mandamus or any other direction directing respondent no.1 and 2 to establish an independent District Forum each in the Districts of Ramanagara, Chikkabalapur and Yadgir Districts;
C) Direct the respondent no.3 State Commission and the District Fora to dispose of all Complaints and Appeals strictly within the period of 3 months or 5 months as provided for under Section 13(3A) of the Consumer Protection Act, 1986;
D) Pass a writ or direction in the nature of a mandamus, directing the respondent no.1 to establish the State Consumer Protection Council in the State of Karnataka.
E) Pass a writ or direction in the nature of a mandamus or any other direction, directing the respondent no.1 to establish the District Consumer Protection Councils at Bangalore Rural, Chickmagalur, Dakshina Kannada and Kodagu Districts of State of Karnataka and any other Districts where the Councils have not been set up or are not functional;
F) Pass any appropriate writ or direction directing the respondent no.1 and 3 to set up an Additional Bench of the 3rd respondent State Commission in Karnataka in order to deal with the pending cases as mandated by the National Commission;-5-
G) Pass orders directing the respondent no.1 and 3 to appoint administrative staff in all the vacancies at all the District Forums across Karnataka within a fixed time frame;
H) Pass orders directing the respondent no.1 to provide the mandated infrastructural facilities to the State Commission as mandated under the National Commissioner Guidelines;
I) Pass orders directing the respondents to draft and submit annual or biannual reports on the level of implementation of the Consumer Protection Act, 1987 and the State Rules and the National Commission Guidelines in the State of Karnataka for the next 3 years to the Hon'ble High Court of Karnataka and also the National Commission.
J) Grant any other relief that this Hon'ble Court deems fit in the interest of justice and equity."
2. The Writ Petition has been listed before the Court on several dates. On the last date of hearing i.e. on 01.04.2013, learned counsel for the petitioners had submitted a memo listing the vacancies of posts in various Consumer Fora with details thereof and a copy of the same was supplied to the -6- respondents' counsel. The hearing was adjourned to today in order to report about the filling up of vacancies by the respondents in the interregnum.
3. Learned counsel for the petitioners today submits that the selection process has been underway and she also submits that respondent no.3 has prepared the list of the selected candidates and the same would have to be approved by the State Government for the purpose of making appointment to the vacant posts.
4. Learned counsel for respondent no.3 as well as learned Additional Government Advocate also submit that the State Government would have to approve the list of selected candidates and in that regard the list of selected candidates would have to be forwarded by respondent no.3 to respondent no.2 and if the same is done, then the appointments could be made. The submission of the learned counsel for the respondents in this regard is recorded. -7-
5. Therefore, the grievance of the petitioners with regard to filling up of vacancies to Members has been assuaged by way of this Writ Petition. Therefore, we direct respondent no.3 to send the list of the selected candidates to the State Government within a period of one week from today. If the same is forwarded to the State Government, then within a period of three weeks therefrom, the appointments shall be made to the vacant posts.
6. As far as the other reliefs sought by the petitioners are concerned, though the learned counsel for the petitioners has drawn our attention to certain documents necessitating steps to be taken with regard to setting up of an additional Bench in the State Forum and also setting up of New District Fora in the new Districts carved out recently, in the absence of any representation being made in that regard before the concerned Authorities, it would be futile and improper to issue any direction to the respondent-Authorities to take action in that regard. Therefore, liberty is reserved to the petitioners to make a representation to the concerned Authorities, with regard to the other grievances that have been ventilated in -8- this Writ Petition. If such a representation is made to the respondent-Authorities, the same to be considered in accordance with law within a reasonable time. In case the petitioners still have any remaining grievance with regard to implementation of the Consumer Protection Act, they are at liberty to approach this Court.
7. With the aforesaid directions and observations, this Writ Petition is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE mv