Karnataka High Court
P Rami Tulasi vs State Of Karnataka on 22 August, 2014
Author: B.V.Nagarathna
Bench: B.V. Nagarathna
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22ND DAY OF AUGUST 2014
BEFORE
THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA
WRIT PETITION Nos. 107393-7481/2014 (GM-PDS)
BETWEEN :
1. P RAMI TULASI
AGE: 32 YEARS,
OCC: KEROSENE DEALERS
R/O. H NO. 426, WARD NO. 29,
D C NAGAR, BELLARY
2. SHRINIVASULU S/O. TAYANNA
AGE: 43 YEARS
OCC: KEROSENE DEALERS
R/O. WARD NO. 10, ANDRAL
BELLARY
3. MOHAMMED GOUSE
S/O. MEHABOOBSAB
AGE: 43 YEARS
OCC: KEROSENE DEALERS
R/O. H NO. 16, WARD NO. 15,
LALAKMAN, BELLARY
4. SAROJAMMA W/O. DEVARAJ
AGE: 55 YEARS
OCC: KEROSENE DEALERS
R/O. DOOR NO. RR-27308
WARD NO. 1, BASAVANAKUNTA
BELLARY
:2:
5. SUVARNAMMA
W/O. NEELKANTHASWAMI
AGE: 49 YEARS
OCC: KEROSENE DEALERS
R/O. 1ST GATE,
NEELAKANTHASWAMY TEMPLE
23RD WARD, C B BELLARY
6. LAKSHMAMMA
AGE: 52 YEARS
OCC: KEROSENE DEALERS
R/O. DOOR NO. 83,
NEAR MUBARAK TALKIES,
BELLARY
7. H DADA S/O. BASHASAB
AGE: 49 YEARS
OCC: KEROSENE DEALERS
R/O. VII WARD, KORACHARA BEEDI,
MAILAR ROAD, BELLARY
8. R HOSURESH TAI LATE HULIGEMMA
AGE: 51 YEARS
OCC: KEROSENE DEALERS
R/O. DOOR NO. 11, WARD NO. 24,
BALAYYA STREET,
GANDHI CHOWK, BELLARY
9. HANIF
AGE: 50 YEARS
OCC: KEROSENE DEALERS
R/O. #55/98-99, CHHOTA BAZAR
DEVANI MUSTUM DARGA,
C C NO. 146, C B BELLARY
10. B NOORAHMED
AGE: 74 YEARS
OCC: KEROSENE DEALERS
R/O. JUMMA MASJID STREET,
:3:
C. B. BELLARY.
11. C BASHEER AHMED
AGE: 48 YEARS
OCC: KEROSENE DEALERS
R/O. NO. 7, JUMMA MASJID STREET,
C B BELLARY
12. MD. HASHAM
AGE: 54 YEARS
OCC: KEROSENE DEALERS
R/O. #123M DOBHI STREET,
DIST: BELLARY
13. B KHADAR ABDUL SALEEM
AGE: 71 YEARS
OCC: KEROSENE DEALERS
R/O. #123, DOBHI STREET,
KOUL BAZAR, DIST: BELLARY
14. K NISAR AHMED
AGE: 50 YEARS
OCC: KEROSENE DEALERS
R/O. WARD NO. 26,
MEHABOOB MASJID,
JAGRUT NAGAR,
C B BELLARY
15. K SAROJAMMA
AGE: 42 YEARS
OCC: KEROSENE DEALERS
R/O. I WARD,
MARUTI NGAR, DOOR NO. 49,
HOUSING BOARD, BELLARY
16. SHIVAMMA
AGE: 72 YEARS
OCC: KEROSENE DEALERS
R/O. L NO. 62/87, M K COMPOUND,
BOMBU BAZAR, SIRAGUPPA ROAD,
:4:
BELLARY
17. D INDIRA
AGE: 39 YEARS
OCC: KEROSENE DEALERS
R/O. L NO. 125/06, PLOT NO. 83,
NEAR BANNIMAHAKALI TEMPLE,
GANESH COLONY, BELLARY
18. G MRUTYUNJAYA S/O. ATTINAPPA
AGE: 50 YEARS
OCC: KEROSENE DEALERS
R/O. L NO. 24/98-99, ANDRAL POST,
NEAR MOSQUE, ANDRAL , BELLARY
19. KUNTEMALLARANGASWAMI
S/O. SUBBURAYUDU
AGE: 44 YEARS
OCC: KEROSENE DEALERS
R/O. 673, SESHAVALLI DARGA
MAIN ROAD, HOUSE, BELLARY
20. P RAMESH S/O. T HANUMANTRAO
AGE: 48 YEARS
OCC: KEROSENE DEALERS
R/O. H NO. 147/A, WARD NO. 26
KANNIKAPARAMESHWARI TEMPLE STREET,
KOUL BAZAAR, BELLARY
21. KARIMSAB S/O. HUSSAINSAB
AGE: 40 YEARS
OCC: KEROSENE DEALERS
R/O. WARD NO. 26, T C H SCHOOL
BEHIND SELECT FUNCTION HALL,
C B BELLARY
22. C H SHRIDHAR S/O. C K H GOUDA
AGE: 52 YEARS
OCC: KEROSENE DEALERS
R/O. 70, KANDRA SIDDAPPA STREET,
:5:
BELLARY NAGAR, BELLARY
23. T VIJAYKUMAR S/O. T VENKATESHALU
AGE: 52 YEARS
OCC: KEROSENE DEALERS
R/O. #127, TERU STREET, BELLARY
24. P RAJU S/O. POTANNA
AGE: 47 YEARS
OCC: KEROSENE DEALERS
R/O. NO. 2, KESARI SINGH STREET,
BELLARY
25. K RAMESHBABU S/O. ANANTAIAH
AGE: 42 YEARS
OCC: KEROSENE DEALERS
R/O. #53, RUPANAGUDI,
NARAPPA STREET, BELLARY
26. S RAJASHEKHAR
S/O. S SIDDALINGAPPA
AGE: 75 YEARS
OCC: KEROSENE DEALERS
R/O. #356, WARD NO. 9,
ROOPAGUDI ROAD,
VARABASAPPA GUDI, BELLARY
27. SHIVALINGA S/O. DURAGAPPA
AGE: 50 YEARS
OCC: KEROSENE DEALERS
R/O. #17/6, BEERAPPA GUDI STREET,
BELLARY
28. J JAGANNATHA S/O. C ERAPPA
AGE: 56 YEARS
OCC: KEROSENE DEALERS
R/O. #26, SWATANTRA NAGAR
HARIJANA KERI, RADIO PARK
BELLARY
:6:
29. M CHANDRAMOULI
S/O. R M ACHARIRAO
AGE: 59 YEARS
OCC: KEROSENE DEALERS
R/O. #67, LEFTSIDE HUTS OF FORT,
BELLARY
30. J M GANGADHARAYYA
S/O. NEELAKANTHAYYA
AGE: 56 YEARS
OCC: KEROSENE DEALERS
R/O. NEHRU COLONY, BELLARY
31. MEERTAZA S/O. SHAIKHSAB
AGE: 40 YEARS
OCC: KEROSENE DEALERS
R/O. #539, BELGAL ROAD, BELLARY
32. SHEKHANNA S/O. LAKSHMAN
AGE: 57 YEARS
OCC: KEROSENE DEALERS
R/O. C KANNIKA PARAMESHWARI BEEDI,
BELLARY
33. GOUSE DADAPEER
AGE: 40 YEARS
OCC: KEROSENE DEALERS
R/O. H NO. 6, WARD NO. 27,
KHABARASTAN RAOD, BELLARY
34. SHAHNAZ BEGUM
AGE: 62 YEARS
OCC: KEROSENE DEALERS
R/O. WARD NO. 27,
KHABARASTAN RAOD, BELLARY
35. K ISMAIL
AGE: 50 YEARS
OCC: KEROSENE DEALERS
R/O. WARD NO. 21 DOOR NO. 61,
:7:
TAJAYA BEEDI, C B BELLARY
36. CHANDBASHA S/O. SADIQSAB
AGE: 47 YEARS
OCC: KEROSENE DEALERS
R/O. 40/3, MOHAMADIYA SCHOOL
FRONT HOUSES, NALA STREET
RADIO PARK, BELLARY
37. ABDUL KHALIK S/O. MOHAMMAD
AGE: 60 YEARS
OCC: KEROSENE DEALERS
R/O. 150/11, 12TH WARD
RADDI BEEDI, BELLARY
38. M YANKAMMA W/O. FAKKIRAPPA
AGE: 43 YEARS
OCC: KEROSENE DEALERS
R/O. 33 MARISWAMI MATH,
BELLARY
39. KHATIZA BEGUM W/O. GAFURSAB
AGE: 56 YEARS
OCC: KEROSENE DEALERS
R/O. 37, BOMMANAHAL ROAD,
BELLARY
40. SAYABAMMA W/O. HUSSAINSABU
AGE: 57 YEARS
OCC: KEROSENE DEALERS
R/O. 56, WARD NO. 16, BELLARY
41. B SAYED YUSUF
S/O. SAYED DAWOODSAB
AGE: 60 YEARS
OCC: KEROSENE DEALERS
R/O. HAGARIBOMMANAHALLI,
BELLARY
:8:
42. K MALLESHAPPA S/O. K ESHWARAPPA
AGE: 67 YEARS
OCC: KEROSENE DEALERS
R/O. 56 PANDURANG BEEDI
ANDRAL, BELLARY
43. B NARAYANAPPA S/O. HONNURAPPA
AGE: 72 YEARS
OCC: KEROSENE DEALERS
R/O. 167A CHALAWADI ROAD,
BAPUJINAGAR, BELLARY
44. YALLAMMA W/O. SANNAKARYAPPA
AGE: 72 YEARS
OCC: KEROSENE DEALERS
R/O. WARD III, INDIRA NAGAR, BELLARY
45. SHASHU S/O. IMAMHUSSAIN
AGE: 28 YEARS
OCC: KEROSENE DEALERS
R/O. WARD NO. 28, SATYAVANI NAGAR,
BELLARY
46. M JAYASIMHARAJU TAI HULIGEMMA
AGE: 41 YEARS
OCC: KEROSENE DEALERS
R/O. 98, 25TH WARD, DEVINAGAR,
BELLARY
47. NARAYANAMMA
AGE: 55 YEARS
OCC: KEROSENE DEALERS
R/O. WARD NO. 16,
RUPANAGUDI ROAD, BELLARY
48. LAXMIDEVI
AGE: 45 YEARS
OCC: KEROSENE DEALERS
R/O. RAILWAY QUARTERS,
RTN NO. 059641,
:9:
WARD NO. 1, BELLARY
49. JALALUDDIN S/O. BASHA
AGE: 41 YEARS
OCC: KEROSENE DEALERS
R/O. #4 MUSLIM BURIAL GROUND
APMC COMPOUND, BELLARY
50. T SHABBIR S/O. REHMANSAB
AGE: 52 YEARS
OCC: KEROSENE DEALERS
R/O. H NO. 47, 7TH WARD
BELLARY
51. B KHASIMSAB S/O. BALASAB
AGE: 45 YEARS
OCC: KEROSENE DEALERS
R/O. 7TH WAD, KAMERA ROAD,
5TH WARD, BELLARY
52. HONNURSAB S/O. BALESAB
AGE: 60 YEARS
OCC: KEROSENE DEALERS
R/O. 13TH WARD, BELLARY
53. MOHAMMED ABRAHAM
S/O. C WALLISAB
AGE: 42 YEARS
OCC: KEROSENE DEALERS
R/O. H NO. 215A, WARD NO. 7
P K ROAD, BELLARY
54. B HANUMANTAPPA
S/O. LAXMAMMA
AGE: 50 YEARS
OCC: KEROSENE DEALERS
R/O. H NO. 142, RANI TOTA
BELLARY
: 10 :
55. B SUNKANNA S/O. ANJINAPPA
AGE: 45 YEARS
OCC: KEROSENE DEALERS
R/O. WARD NO. 8, BELLARY
56. ABDUL JABBAR S/O. SADIQSAB
AGE: 54 YEARS
OCC: KEROSENE DEALERS
R/O. 6/3, NALA BEEDI,
RADIO PARK, BELLARY
57. G RANGAWAMY
S/O. G NARAYANAPPA
AGE: 42 YEARS
OCC: KEROSENE DEALERS
R/O. H NO. 101A, WARD NO. 6,
SULEMANI ROAD, BELLARY
58. JNANAPPA S/O. BASAPPA
AGE: 55 YEARS
OCC: KEROSENE DEALERS
R/O. WARD NO. 10 RANI TOTA BELLARY
59. VENKATESHALU S/O. HANUMANNA
AGE: 60 YEARS
OCC: KEROSENE DEALERS
R/O. 6/1, PANDURANGA STREET, BELLARY
60. T BASHA S/O. YUKUBSAB
AGE: 65 YEARS
OCC: KEROSENE DEALERS
R/O. WARD NO. 7, KAMELA ROAD, BELLARY
61. SIDDAMMA
W/O. LATE DODDA MARENNA
AGE: 74 YEARS
OCC: KEROSENE DEALERS, R/O. 17,
SANNADURGAMMA TEMPLE BELLARY
: 11 :
62. K SHRINIVASULU
AGE: 62 YEARS
OCC: KEROSENE DEALERS
R/O. DOOR NO. 75,
WARD NO. 25, BELLARY
63. DURGAPPA S/O. SANNA AYYAPPA
AGE: 82 YEARS
OCC: KEROSENE DEALERS
R/O. 148, MOCHE BEEDI, BELLARY
64. M S FAKRUDDIN S/O. IMAM HUSSAIN
AGE: 62 YEARS,
OCC: KEROSENE DEALERS
R/O. INDIRANGAR, BELLARY
65. K SUMANGALA
D/O. LATE K BASAVARAJ
AGE: 28 YEARS,
OCC: KEROSENE DEALERS
R/O. 10TH WARD,
NEAR MARISWAMIMATH, BELLARY
66. M IROJIRAO S/O. H M NARASINGRAO
AGE: 52 YEARS,
OCC: KEROSENE DEALERS
R/O. 589 MARISWAMIMATH,
BELLARY
67. NAGARAJ REDDY S/O. VIRAJ REDDY
AGE: 42 YEARS,
OCC: KEROSENE DEALERS
R/O. DHOBI STREET, BELLARY
68. SALEEMABI W/O. ISMAILSAB
AGE: 53 YEARS,
OCC: KEROSENE DEALERS
R/O. WARD NO. 10,
RANI TOTA, BELLARY
: 12 :
69. HUSSAINBI W/O. KHAZA HUSSAIN
AGE: 60 YEARS,
OCC: KEROSENE DEALERS
R/O.H NO. 85, 11TH WARD
BELLARY
70. SHEKHSHAVALI S/O. REHMANSAB
AGE: 45 YEARS,
OCC: KEROSENE DEALERS
R/O. PAKALI MASJID,
COWL BAZAR, BELLARY
71. CHHOTIMA W/O. HAZARATSAB
AGE: 75 YEARS,
OCC: KEROSENE DEALERS
R/O. WARD NO.10,
MARISWAMIMATH, BELLARY
72. LAXMINARAYAN S/O. NARASIMHALU
AGE: 32 YEARS,
OCC: KEROSENE DEALERS
R/O. 7TH WARD,
KORACHI STREET, BELLARY
73. KHALIL BASHA
AGE: 42 YEARS,
OCC: KEROSENE DEALERS
R/O. SANNADURGAMMA TEMPLE,
BELLARY
74. J GAVIYAPPA
AGE: 55 YEARS,
OCC: KEROSENE DEALERS
R/O. WARD NO. 10, RANI TOTA,
BELLARY
75. MEHABOOBBI
AGE: 50 YEARS,
OCC: KEROSENE DEALERS
: 13 :
R/O. WARD NO. 11, DEVINAGAR, BELLARY
76. VENKATALAKSHMI W/O. NAGAPPA
AGE: 63 YEARS,
OCC: KEROSENE DEALERS
R/O. WARD NO. 16, NEAR GUEST HOUSE,
BELLARY
77. ABDUL RAHEEM BASHA
S/O. ALLABAKSH
AGE: 45 YEARS,
OCC: KEROSENE DEALERS
R/O. H NO. 39, HUSSAINJI RAO STREET,
BELLARY
78. LAXMIDEVI W/O. ANJANEYA
AGE: 55 YEARS,
OCC: KEROSENE DEALERS
R/O. 25TH WARD, DEVINAGAR
KARKHANE, MASJID, BELLARY
79. C SUREKHABI
W/O. LATE MAINUDDIN
AGE: 40 YEARS,
OCC: KEROSENE DEALERS
R/O. DOOR NO. 199,
6TH WARD, RAYADURGA,
BUS-STAND, BELLARY
80. JINDAVALI S/O. FAKKIRSAB
AGE: 50 YEARS,
OCC: KEROSENE DEALERS
R/O. 38A, AMBEDKAR CITY, BELLARY
81. NARAYANAPPA S/O. D BHEEMAIAH
AGE: 55 YEARS,
OCC: KEROSENE DEALERS
R/O. H NO. 213, GUNGARAHATTI,
KURUGOD, BELLARY
: 14 :
82. SAYYED MOHAMMEDSAB
S/O. SAYYED GAFAR
AGE: 81 YEARS,
OCC: KEROSENE DEALERS
R/O. 154, JANATA COLONY,
GUNGARAHATTI, BELLARY
83. NOORAHMED T S/O. ABDULGANI
AGE: 61 YEARS,
OCC: KEROSENE DEALERS
R/O. 16/2, DODDI STREET, BELLARY
84. M PARASHSURAMAPPA
S/O. HUCHHAPPA
AGE: 69 YEARS,
OCC: KEROSENE DEALERS
R/O. 10/1, MARATHA CHIKKOJIRAO ,
BELLARY
85. BAKTIAR BASHA
AGE: 61 YEARS,
OCC: KEROSENE DEALERS
R/O. 19TH WARD, RADIO PARK,
C. B. BELLARY
86. M JALEELSAB
AGE: 58 YEARS,
OCC: KEROSENE DEALERS
R/O. DOOR NO. 19, 10TH WARD,
VIJAYNAGAR COLONY, BELLARY
87. S MOHAMMADMIYA S/O. S ABKARSAB
AGE: 66 YEARS,
OCC: KEROSENE DEALERS
R/O. 10TH WARD, 15TH WADDARBANDE,
BELLARY
88. KUMARI USHARANI D/O. M RAMU
AGE: 28 YEARS,
: 15 :
OCC: KEROSENE DEALERS
R/O. MARISWAMI MATH, BELLARY.
... PETITIONERS
(BY SMT : SUNITHA P KALASOOR, ADVOCATE)
AND :
1. STATE OF KARNATAKA
DEPARTMENT OF FOOD & CIVIL SUPPLIES
R/BY THE UNDER SECRETARY
VIDHAN SOUDHA, BANGALORE
2. COMMISSIONER
FOOD, CIVIL SUPPLIES AND
CONSUMER AFFAIRS DEPARTMENT
OFFICE AT CONGLIAON ROAD,
BANGALORE
3. DEPUTY COMMISSIONER
FOOD & CIVIL SUPPLIES DEPARTMENT,
DIST. BELLARY
4. ASSISTANT COMMISSIONER
FOOD & CIVIL SUPPLIES,
DIST. BELLARY
5. THE TAHSILDAR
OFFICE OF THE TAHSILDAR
DIST. BELLARY
6. RATIONING OFFICER
FOOD & CIVIL SUPPLIES OFFICE
KUDLIGI TALUK, DIST: BELLARY
... RESPONDENTS
(BY SRI : K S PATIL, H.C.G.P.)
NOTE : The spelling of word 'DELEARS' in the
cause title is erroneous. Hence, spelling is corrected in
the cause title as 'DEALERS'.
: 16 :
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO CALL FOR RECORDS OF THE
PROCEEDINGS IN RESPECT OF ISSUANCE OF
ANNEXURE-E AT NO.CFS/PD/IV/58 2013-14 DATED
26.03.2014 ISSUED BY RESPONDENT NO.2, TO
QUASH VIDE ANNEXURE-E DATED 26.03.2014
ISSUED BY RESPONDENT NO.2 ETC.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING, THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
Petitioners have assailed Annexure-E Circular dated 23.06.2014 issued by respondent No.2 - Commissioner, Food, Civil Supplies and Consumer Affairs, Bangalore. Petitioners have also sought a direction to respondent No.3 - Deputy Commissioner, Food and Civil Supplies Department, Bellary district, to transfer back the cards, which according to them were illegally transferred from petitioners' shops.
2. It is the case of petitioners that they are licence holders and are vending kerosene for the last two to three decades to card holders. Their licences have been issued under the provisions of the Karnataka Essential : 17 : Commodities Licensing Order, 1986 (hereinafter referred to as '1986 Licensing Order', for short), which has been made pursuant to the Essential Commodities Act, 1955 (hereinafter referred to as '1955 Act', for short) and that they have been retailing kerosene from their respective shops. It is their further case that their licences are current and they have right to vend kerosene from their respective shops.
3. Earlier a Circular was issued by respondent No.2 on 09.12.2013 (Annexure-B). That Circular was assailed before this Court in W.P. No.59349/2013 and other writ petitions and by order dated 05.02.2014, those writ petitions were disposed as the Circular dated 09.12.2013 was withdrawn. Annexure-C is the copy of order dated 27.12.2013 in that regard. Thereafter Circular dated 09.12.2013 is stated to have been revised, but it was not given effect to. Subsequently, the impugned Circular dated 26.03.2014 has been issued. It is the case of petitioners that while interpreting the Circular, respondent authorities, : 18 : particularly respondent Nos.3 to 6 have taken steps insofar as these petitioners are concerned, which are in violation of clause 11 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (hereinafter referred to as '1992 Control Order', for short).
4. The grievance of petitioners is that in the guise of implementing the impugned Circular, card holders under the public distribution system attached to petitioners' shops have been transferred to other fair price shops which hitherto did not vend kerosene and as a result the card holders attached to the petitioners' shop have been reduced. Therefore, they have impugned Annexure-C Circular.
5. I have heard learned counsel for petitioners and learned High Court Government Pleader for respondents and perused the material on record.
6. Learned counsel for petitioners contended that the impugned Circular has been interpreted in a : 19 : manner which is in violation of Clause 11 of 1992 Control Order referred to above. She contended that petitioners do not have any grievance with regard to the fair price shops which have been issued licences under 1986 Licensing Order to vend kerosene, but the issuance of those licences cannot be in violation of 1986 Licensing Order.
7. Elaborating the said contention she has submitted that the impugned Circular has been issued to meet a particular contingency i.e., where a person holding a licence to vend kerosene has committed any illegality or irregularity and the licence stands cancelled, then in such a contingency in order to avoid any inconvenience to the card holders the nearby fair price shop would be the shop from where the card holders could obtain their requisite kerosene. It is in that context that the licences are being issued to fair price shops so that in such a contingency the fair price shops would be entitled to vend kerosene in the locality where the licence of kerosene vending of the vendor is : 20 : suspended or cancelled. In implementing that Circular the business of petitioners cannot be adversely affected was the submission.
8. Per contra, learned High Court Government Pleader appearing for respondents supported the object and purpose of the impugned Circular and contended that the Circular when implemented would not result in violation of any of the sections of the Act or the 1986 Licensing Order or 1992 Control Order. He contended that the Circular has been issued with an avowed object of ensuring that the card holders are ensured continuous supply of kerosene even when the licence of any of the kerosene vendors is cancelled and that the Circular would be implemented without there being any violation of the Act or the 1986 Licensing Orders or the 1992 Control Order.
9. Having heard learned counsel for the parties and on perusing of the material on record, particularly Annexure-E, it is noted that the object of that Circular : 21 : is to meet a contingency namely that where a licence of a licence holder to vend kerosene is cancelled, then in such an event the card holders attached to that kerosene vending can obtain kerosene from a fair price shop which would be granted a licence to vend kerosene. The Circular, at Annexure-E, which is in kannada reads as under -
DAiÀÄÄPÀÛ PÀbÉÃj DºÁgÀ, £ÁUÀjPÀ ¸ÀgÀ§gÁdÄ ªÀÄvÀÄÛ UÁæºÀPÀgÀ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ {¸ÀAUÀº æ ÀuÉ ªÀÄvÀÄÛ «vÀgÀuÉ ±ÁSÉÀ} zÀÆgÀªÁt ¸ÀASÉå: 22354857 E-mail [email protected] £ÀA. ¹.¥sï.J¸ï/¦r/FO/55/2013-14 ¢£ÁAPÀ: 26/03/2014 ¸ÀÄvÉÆÃÛ ¯É «µÀAiÀÄ: £ÁåAiÀÄ¨É¯É CAUÀr ªÀvÀðPÀjUÉ ¹ÃªÉÄJuÉÚ ¥ÀgÀªÁ¤UÉAiÀÄ£ÀÄß ¤ÃqÀĪÀ §UÉ.Î ***** ªÉÄîÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ gÁdåzÀ°è MlÄÖ 20,859 £ÁåAiÀÄ¨É¯É CAUÀrUÀ¼ÀÄ PÁAiÀÄð¤ªÀð»¸ÀÄwÛªÉ. DzÀgÉ F J¯Áè £ÁåAiÀÄ¨É¯É CAUÀrUÀ½UÉ ¹ÃªÉÄJuÉÚ «vÀgÀuÉ ªÀiÁqÀ®Ä PÀ£ÁðlPÀ CªÀ±ÀåPÀ ªÀ¸ÀÄÛUÀ¼À ¥ÀgÀªÁ¤UÉ DzÉñÀ 1986 gÀ C£ÀéAiÀÄ ¥ÀgÀªÁ£ÀUÉAiÀÄ£ÀÄß ¤ÃrgÀĪÀÅ¢®è. PÀ£ÁðlPÀ CªÀ±åÀ PÀ ªÀ¸ÀÄU Û À¼À (¸ÁªÀðd¤PÀ «vÀgÀuÁ ªÀåªÀ¸Ü)É ¤AiÀÄAvÀæt DzÉñÀ 1992 gÀ : 22 : CrAiÀÄ°è £ÁåAiÀÄ¨É¯É CAUÀrAiÀĪÀgÀÄ ¥Áæ¢üPÁgÀ ¤AiÀĪÀÄUÀ¼À£ÄÀ ß G®èAWÀ£É ªÀiÁqÀzÀ°è ¸ÀzÀj CAUÀrUÀ¼À£ÄÀ ß ¤®A§£ÉAiÀÄ°èj¹ ¸À«ÄÃ¥ÀzÀ £ÁåAiÀÄ¨É¯É CAUÀrUÀ½UÉ eÉÆÃqÀuÉ ªÀiÁr DzÉò¸À¯ÁUÀÄwÛz.É ¤®A§£ÉAiÀÄ°èqÀĪÀ £ÁåAiÀÄ¨É¯É CAUÀrUÉ ¹ÃªÉÄJuÉÚ ºÀAaPÉ EzÀÝ°è, ¸ÀzÀj ¹ÃªÉÄJuÉÚ ¥ÀrvÀgÀ aÃnzÁgÀjUÉ eÉÆÃr¸À¯ÁUÀĪÀ CAUÀr¬ÄAzÀ ¹ÃªÉÄJuÉÚ «vÀgÀuÉ ªÀiÁqÀ®Ä ¸ÁzsÀåªÁUÀwÛgÀĪÀÅ¢®è. KPÉAzÀgÉ eÉÆÃr¸À¯ÁUÀĪÀ £ÁåAiÀÄ¨É¯É CAUÀrUÀ¼À°è PÀ£ÁðlPÀ CªÀ±ÀåPÀ ªÀ¸ÀÄÛUÀ¼À ¥ÀgÀªÁ¤UÉ DzÉñÀ 1986 gÀ CrAiÀÄ°è ¹ÃªÉÄJuÉÚ «vÀgÀuÉUÉ ¥ÀgÀªÁ¤UÉ ¤ÃrgÀĪÀÅ¢®è.
F »£É߯ÉAiÀÄ°è ZÁ°ÛAiÀÄ°ègÀĪÀ J¯Áè ¥Áæ¢üPÁgÀ ºÉÆA¢gÀĪÀ £ÁåAiÀÄ¨É¯É CAUÀrUÀ½UÉ ¹ÃªÉÄJuÉÚ «vÀgÀuÉ ªÀiÁqÀ®Ä ¥ÀgÀªÁ¤UÉAiÀÄ£ÀÄß PÀ£ÁðlPÀ CªÀ±ÀåPÀ ªÀ¸ÀÄÛUÀ¼À ¥ÀgÀªÁ¤UÉ DzÉñÀ 1986gÀ PÀ®A 4(2) gÀAvÉ £ÀªÄÀ Æ£É "r" £À°è ¥ÀgÀªÁ¤UÉAiÀÄ£ÀÄß ¤ÃqÀ®Ä PÀæªÀĪÀ»¸ÀĪÀAvÉ w½¹zÉ. f¯Áè¢üPÁjUÀ¼ÀÄ ªÉÄð£À ¤zÉÃð±À£z À ÀAvÉ J¯Áè £ÁåAiÀÄ¨É¯É CAUÀr ªÀvÀðPÀjUÉ ¹ÃªÉÄJuÉÚ ªÀiÁgÁl ªÀiÁqÀ®Ä CªÀPÁ±ÀªÁUÀĪÀAvÉ ¥ÀgÀªÁ¤UÉAiÀÄ£ÀÄß ¤ÃqÀ®Ä PÀæªÀÄ ªÀ»¸ÀĪÀAvÉ ºÁUÀÆ ¥Àgª À Á¤UÉAiÀÄ£ÀÄß K¦æ¯ï 30£Éà vÁjÃT£À M¼ÀUÁV ¤ÃqÀĪÀAvÉ w½¹zÉ.
10. On a reading of that Circular it is noted that the object of that Circular is not to issue licences to fair price shop under the 1986 Licensing Order for the purpose of having the right to vend kerosene through : 23 : the fair price shops in normal circumstances or in the usual course of business. In fact, the persons who are entitled to vend kerosene have to obtain a licence under the 1986 Licensing Order. But the object of issuance of licence under that 1986 Licensing Order to the dealers of fair price shop is to ensure that if in a locality the licence of a kerosene vendor is suspended or cancelled then those card holders could automatically obtain kerosene, which is an essential commodity from a fair price shop in the vicinity and for that purpose the fair price shop is given a licence to vend kerosene.
11. By interpreting the Circular in the aforesaid manner, business of petitioners and similarly situated persons would in no way be affected. In fact, the impugned Circular is to ensure that the card holders do not in any way feel inconvenienced on account of suspension or cancellation of the licence of a kerosene vendor under the provisions of 1986 Licensing Order. As a fair price shop dealer, in the vicinity, must have the licence to vend kerosene in case the licence of any of : 24 : the petitioners or similarly situated kerosene vendors is suspended or cancelled the Circular enables issuance of a licence for that purpose, in order to meet a contingency. But, on the strength of Circular, respondent Nos.3 to 6 authorities cannot direct that the card holders attached to petitioners' shop have to be transferred to the fair price shop in the vicinity thereby committing violation of clause 11 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (hereinafter referred to as '1992 Order'), which is applicable to the petitioners. Clause 11 of 1992 Order reads as under-
"11. Assignment of Ration Card. - (1) After sanctioning an authorisation to run a fair price depot, the Authorised Authority shall assign to the fair price depot a certain number of ration cards belonging to persons residing in areas near the fair price depot.
(2) The number of ration cards assigned to a fair price depot under sub-clause (1) shall not be less than 300 for a fair price depot in a rural area and not less than 500 for a fair price depot in an urban area :: 25 :
Provided that the Authorised Authority may, in exceptional cases and for reasons to be recorded in writing, relax the limit upto 200 cards for a fair price depot in a rural area and upto 300 cards for a fair price depot in an urban area if the fair price depot is to serve the needs of an isolated settlement or layout where the number of ration cards is below the limit prescribed.
(3) The Authorised Authority may, if he considers it necessary in the interests of the ration card holders, transfer ration cards from one fair price to another:
Provided that no such transfer shall leave any fair price depot with less than the minimum number of ration cards specified in sub-clause (2)."
That clause says, after sanctioning an authorisation to run a fair price depot the Authorised Authority shall assign to the depot a certain number of ration cards belonging to persons residing in the area where there is fair price depot. The number of ration cards assigned to a depot shall not be less than 300 for a fair price depot in a rural area and not less than 500 for a fair price : 26 : depot in an urban area. But the proviso states that in exceptional cases and for reasons to be recorded in writing there can be a relaxation upto 200 cards for a fair price depot in a rural area and upto 300 cards for a fair price depot in an urban area if the fair price depot is to serve the needs of an isolated settlement or layout where the number of ration cards is below the limit prescribed, which means that in the case of a rural area it can be not less than 100 cards and in case of urban area it can be not less than 200 cards.
12. Sub-clause (3) of Clause 11 of 1992 Control Order states that if the Authorised Authority considers it necessary in the interest of ration card holders, then it can transfer ration cards from one fair price to another. But the proviso states that no such transfer shall leave any fair price depot with less than the minimum number of ration cards specified in sub- clause (2).
: 27 :
13. In the instant case, while implementing the impugned Circular what the Authorised Authority has sought to do is to transfer the cards from petitioners' depots to fair price shops which are now issued licences to vend kerosene, as a result the number of cards that are being held by the petitioners is reduced. This would be in violation of sub-clause (2) of clause 11 of 1992 Control Order which is impermissible as per proviso to sub-clause (3) of clause 11 of 1992 Control Order. Therefore, while interpreting or implementing the impugned Circular respondent authorities cannot transfer the cards from petitioners' shop to the depots where the licences are to be issued to fair price shops in violation of clause 11 of 1992 Control Order.
14. Annexure-F is a table produced by petitioners showing the cards that they held in March 2014 and as to how they have been reduced in April, May and June of 2014 in the implementation of impugned Circular at Annexure-E. : 28 :
15. In view of the above discussion, it would not be necessary to quash the impugned Circular at Annexure-E. Respondents are directed not to transfer the cards which are presently assigned to petitioners' shop to the fair price shops in respect of whom licences would now be issued under the 1986 Licensing Order, so as to violate sub-clause (2) and (3) of clause 11 of 1992 Control Order. In case such steps have been taken then the respondent authorities are directed to re- transfer the said cards to petitioners' shops so that clause 11 of 1992 Control Order is implemented insofar as petitioners' shops are concerned as they are dealing exclusively with kerosene. It is only when reasons are assigned in writing, under exceptional cases, that the proviso to sub-clause (2) of clause 11 of 1992 Control Order would be applicable, but if any transfer of the ration cards have been made from petitioners' shops to the fair price shops to whom fresh licences have been granted under the 1986 Licensing Order to vend kerosene in violation of sub-clause (3) and (2) of Clause : 29 : 11 of 1992 Order, then such an action is illegal as it is not in accordance in law. Therefore, without interfering with Annexure-E respondent - authorities are directed to ensure that clause 11 of the 1992 Control Order is implemented insofar as these petitioners are concerned and they are directed to re-transfer cards, which were transferred from petitioners' shops to the fair price shops where the licences have now been issued pursuant to Annexure-E Circular. The said exercise shall be done within a period of one month from the date of receipt of certified copy of said order. Possibly the said exercise could be carried out by issuing a Circular by respondent No.3 re-transferring the cards from fair price depots to which they have been transferred to the shops or depots of petitioners or other similarly placed persons. Such a Circular could also mention that in the event the licence issued to a kerosene vendor such as petitioners herein is suspended or cancelled, in that event they could avail of kerosene from a fair price shop in the vicinity who is : 30 : issued a licence to sell kerosene. Wide publicity may be given to such a Circular so that the card holders would become aware of the exercise carried out by respondent authorities.
16. With the aforesaid observations and directions, writ petitions are disposed.
Sd/-
JUDGE hnm