Karnataka High Court
Sri Gurushant Yattinahalli vs The Union Of India on 11 January, 2022
Bench: Chief Justice, Suraj Govindaraj
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 23764 OF 2021(GM-RES-PIL)
BETWEEN:
SRI GURUSHANT YATTINAHALLI
S/O LATE BASAVARAJAPPA
AGE 59 YEARS
OCC: PRESIDENT, PATTANA PANCHAYAT, HIREKERUR,
R/O RAKSHAK NILAY, RAGHAVENDRA COLONY
HIREKERUR 581111, HAVERI DISTRICT
MOBILE NO. 9480460157
AADHAR NO. 723776046699
...PETITIONER
(BY SRI.HALASHETTI JAGADISH SIDRAMAPPA, ADVOCATE)
AND:
1. THE UNION OF INDIA
REP BY ITS SECRETARY
MINISTRY OF PETROLEUM AND NATURAL GAS
SHASTRI BHAWAN, DR. RAJENDRA PRASAD ROAD
NEW DELHI 110001
2. BHARAT PETROLEUM CORPORATION LIMITED
REP BY ITS CHAIRMAN AND MANAGING DIRECTOR
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BHARAT BHAVAN, 4 AND 6 CURRIMBHOY ROAD,
BALLARD ESTATE, MUMBAI 400001
MAHARASHTRA STATE
3. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
DEPARTMENT OF FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS
VIDHANA SOUDHA, BENGALURU 560001
4. THE DISTRICT COMMISSIONER
HAVERI DISTRICT, HAVERI 581110
5. THE DISTRICT COMMISSIONER
SHIVAMOGGA DISTRICT
SHIVAMOGGA 577201
6. THE DEPUTY DIRECTOR
DEPARTMENT OF FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS
HAVERI DISTRICT, HIREKERUR 581111
7. THE TAHASILDAR
HIREKERUR TALUKA, HAVERI DISTRICT
HIREKERUR 581111
8. THE TAHASILDAR
SHIKARIPUR TALUK, SHIVAMOGGA DISTRICT
SHIKARIPUR 577427
9. THE TERRITORY MANAGER (LPG MANGALURU)
BHARATH PETROLEUM CORPORATION LTD
LPG BOTTLING PLANT, BAIKAMPADY
INDUSTRIAL ESTATE, MANGALURU 577011
10. THE SALES OFFICER (LPG MANGALURU)
BHARATH PETROLEUM CORPORTION LTD
LPG BOTTLING PLANT, BAIKAMPADY
INDUSTRIAL ESTATE, MANGALURU 577001
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11. ADITHYA GAS DISTRIBUTORS
BHARAT GAS DISTRIBUTOR
REP BY ITS PARTNER, BUS STAND CIRCLE
MUNICIPAL COMPLEX, SHIVAMOGGA DISTRICT
SHIRALAKOPPA 577428
12. SHARAVATI GAS SERVICE
BHARAT GAS DISTRIBUTOR
REP BY ITS MANAGER, BHADRAPUR ROAD,
SHIVAMOGGA DISTRICT
SHIKARIPUR-577427
...RESPONDENTS
(BY SRI.H.SHANTHI BHUSHAN, ASG FOR R1;
SMT.VANI.H, AGA FOR R3 TO 8)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO A. ORDER, DIRECTION OR
WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE
RESPONDENT NO. 1 TO 3 TO CONDUCT A DETAILED ENQUIRY ON
THE MISAPPROPRIATION OF HILLY AREA SUBSIDY BY THE
RESPONDENT NO. 11 AND 12 AND CONSEQUENTLY RECOVER THE
LOSS CAUSED TO THE GOVERNMENT AND ITS AGENCIES FROM
RESPONDENT NO. 11 AND 12 AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard.
2. This public interest litigation has been filed seeking the following reliefs:
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"A. Order, Direction or Writ in the nature of Mandamus, directing the Respondent No. 1 to 3 to conduct a detailed enquiry on the misappropriation of hilly area subsidy by the Respondent No. 11 and 12 and consequently recover the loss caused to the Government and its agencies from Respondent No. 11 and 12.
B. Order, Direction or Writ in the nature of Mandamus to the Respondent No. 2 and 9 to cancel the license / distributorship of Respondent No. 11 and 12 alternatively.
C. Order, Direction or Writ in the nature of Mandamus to the Respondent No. 2, 9 and 10 to permanently prohibit Respondent No. 11 and 12 from selling domestic LPG Cylinders to the "consumers of any non - hilly area"
whether Haveri District or any other District, other than Shivamogga District (hilly area) in the Karnataka state. D. Pass any other Order or Direction as this Honble Court deems fit considering the facts and circumstances of the case, in the interest of justice and equity."
3. The main allegation of the petitioner in this public interest litigation is that respondents No.11 and 12 are misusing the additional subsidy provided for supply of domestic LPG to the consumers of the hilly areas (gudda gadu pradesh) or "malnad areas". At present, for every LPG cylinder, the distributor gets commission of Rs.65/-. The Central Government, in addition to general subsidy on domestic LPG cylinders, further provides additional subsidy of Rs.22/- for each consumer of hilly areas. 5 However, respondents No.11 and 12 are selling more than 15,000 subsidized LPG cylinders every month that are meant for consumers of hilly area to the consumers of non-hilly area for the sake of commission and thereby, causing huge loss to the Government. It is further submitted that the petitioner has made a compliant to respondents 4 to 6, which has been enquired into and a report has been submitted by respondent No.7-Tahsildar, Hirekerur. However, inspite of the fact that the Tahsildar, Hirekerur has held that respondents 11 and 12 are guilty of misusing of subsidy, no action has been taken against them.
4. We have heard the learned counsel for the petitioner and perused the records.
5. From the letter of the Tahsildar, Hirekerur, copy of which is annexed as Annexure-"K" to the writ petition, it is very much clear that the said letter is addressed to the Deputy Director, Department of Food and Civil Supplies, Haveri and the Deputy Director, Department of Food and Civil Supplies, Haveri, is to take action on the basis of the said letter.
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6. In view of the fact that the authorities are already seized with the matter and the complaint of the petitioner has already been taken cognizance of and proceedings have been initiated on that basis, we dispose of this writ petition at this stage without entering into authenticity of the allegations made against respondents 10 and 11, with an observation that respondent No.6 shall act upon the letter of respondent No.7 and take appropriate decision in accordance with law expeditiously, say, within a period of two months from the date of copy of this order being placed before him. Respondent No.6 shall give an opportunity of being heard to respondents 11 and 12 before passing any order.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE *alb/-