Karnataka High Court
Sri W P Chowdappa vs The Secretary And Appellate Authority on 6 March, 2013
Author: S.Abdul Nazeer
Bench: S.Abdul Nazeer
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 06th DAY OF MARCH, 2013
BEFORE
THE HON'BLE MR.JUSTICE S.ABDUL NAZEER
WRIT PETITION Nos.6937 & 10590/2013 (GM-EC)
BETWEEN:
1 SRI W.P.CHOWDAPPA,
@ CHINNA CHOWDAPPA,
AGED ABOUT 45 YEARS,
SON OF RAMANNA,
RESIDING AT THURUKESHAPALLI,
CHELUR HOBLI, BAGEPALLI TALUK,
CHIKKABALLAPURA DISTRICT - 567202
KARNATAKA.
2 SRI ANJANAPPA,
SON OF VENKATAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT KADIRANNAGARIKOTE,
CHELUR HOBLI,
BAGEPALLI TALUK, CHIKKABALLAPURA
DISTRICT - 667202 .. PETITIONERS
(BY SRI C.SHANKAR REDDY, ADV.)
AND
1 THE SECRETARY AND APPELLATE
AUTHORITY, FOOD AND CIVIL
SUPPLIED AND CONSUMERS AFFAIRS
DEPARTMENT, VIKSASA SOUDHA,
BANGALORE - 560 001.
2 THE COMMISSIONER AND
APPELLATE AUTHORITY,
FOOD AND CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT
2
CUNNIGHAM ROAD,
BENGALURU-01.
3 THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 567202.
4 THE TAHSILDAR,
BAGEPALLI TALUK,
BAGEPALLI,
CHIKKABALLAPURA DISTRICT-567202
5 UPA NIRDESHAKARU,
FOOD, CIVIL SUPPLIES AND
CONSUMERS AFFAIRS DEPT.
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA 567 202.
6 SRI RAMESH,
AGED ABOUT 45 YEARS,
SON OF CHIKKATHAYAPPA,
RESIDENT OF THURUKESHAPALLI,
BAGEPALLI TALUK,
CHIKKABALLAPURA DISTRICT-567202.
7 SRI T.S.NAGARAJU,
AGED ABOUT 50 YEARS,
SON OF SUBBARAYAPPA,
RESIDENT OF THURUKESHAPALLI,
BAGEPALLI TALUK
CHIKKABALLAPURA DIST. 567202. ... RESPONDENTS
(BY SRI JAGADEESH MUNDARGI, AGA FOR R1 TO R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER DATED 28.09.2012 PASSED BY
THE 1ST RESPONDENT AUTHORITY VIDE ANNEXURE-H AND
ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:
3
ORDER
Learned AGA is directed to take notice for R1 to R5.
2. The 7th respondent was the licencee for distribution of food grains at Thurukeshapalli, Bagepalli Taluk, Chikkaballapura District. The licence was suspended by the 3rd respondent. The petitioners challenged the said order by filing an appeal under Rule 17 of the Karnataka Essential Commodities (Public Distribution System) Control Order 1992 before the 2nd respondent. The 2nd respondent allowed the appeal and remitted the matter back to the 3rd respondent for fresh disposal in accordance with law. Feeling aggrieved, 7th respondent filed a revision petition before the 1st respondent. The 1st respondent has stayed the order of the 2nd respondent as per the order at Annexure-H dated 28.9.2012. The petitioners have called in question the validity of the said order in these writ petitions. 4
2. Having heard the learned counsel for the parties, I do not find any merit in this case. In the review petition filed by the 7th respondent, the 1st respondent has issued notices to the parties and the matter is at the hearing stage. The 7th respondent has made out a prima facie case for grant of stay. That is why the 1st respondent has granted an interim order. I am of the view that the 1st respondent has to dispose of the Revision No.FCS 40 ECA 2012 within a time frame.
3. The writ petitions are accordingly dismissed. The 1st respondent is directed to dispose of the Revision Petition No.FCS 40 ECA 2012 on its merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. No costs.
Sd/-
JUDGE KLY/