Karnataka High Court
Smt K S Arpitha vs The Deputy Commissioner (Food) on 2 February, 2023
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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WP No. 28657 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 28657 OF 2016 (GM-EC)
BETWEEN:
SMT K.S.ARPITHA,
AGED ABOUT 23 YEARS,
D/O K.S. SUDHIR KUMAR,
R/O KARASWADI VILLAGE,
MANDYA TALUK,
MANDYA DISTRICT - 571 425. ...PETITIONER
(BY SRI. H.C.SHIVARAMU., ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER (FOOD)
MANDYA DISTRICT,
MANDYA - 571 425.
Digitally signed by
THEJASKUMAR N
Location: HIGH 2. THE THASILDAR,
COURT OF MANDYA TALUK,
KARNATAKA
MANDYA DISTRICT - 571 425.
3. THE MANAGER
V.S.S. SANGHA
SANTHE KASALAGERE,
KARASWADI, MANDYA TALUK,
MANDYA DISTRICT - 571 425.
4. THE DEPUTY DIRECTOR FOR
FOOD & CIVIL SUPPLIES,
CUNNINGHAM ROAD,
BANGALORE - 560 052.
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WP No. 28657 of 2016
5. THE MINISTER FOR FOOD
& CIVIL SUPPLIES,
GOVERNMENT OF KARNATAKA,
VIKAS SOUDHA,
BANGALORE - 560 0010. ...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1, R2, R4 & R5;
R3 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.H.C.Shivaramu., learned counsel for the petitioner and Smt. Rashmi Patel., learned HCGP for respondents 1, 2, 4 & 5 have appeared in person.
2. The brief facts are stated as under:
The Deputy Commissioner (Food), Mandya District, Mandya issued a public notification on 16.06.2010 inviting applications from the general public for a grant of FPD Point to Karasawadi Village. On the very same day, the Deputy Commissioner issued another public notification for the grant of FPD Point to Vinayaka Layout adjacent to Karasawadi Village. -3- WP No. 28657 of 2016 Both come within the jurisdiction of Santhe Kalasagere village Panchayath.
Pursuant to the notifications, the petitioner along with others applied in the prescribed form seeking a grant of authorization to run the FPD Point at Karasawadi Village. Similarly, applications were received from the general public for running of FPD Point at Vinayaka Layout in view of notification dated 16.06.2010. It is said that the Deputy Commissioner considered the application filed by other persons in respect of the grant of FPD Point to Vinayaka Layout under Notification dated 16.06.2010, but the application filed by the petitioner in respect of Karasawadi village was not considered.
It is the contention of the petitioner that she and her husband are unemployed and her father is a handicapped person, hence the application filed by her should have been considered along with the application filed under the other notification which was issued on the same day. As all the formalities to consider the application have been over and a report is also submitted in that regard to consider the application of the petitioner, the Deputy Commissioner ought to -4- WP No. 28657 of 2016 have considered the application on merits for grant of authorization to Karasawadi Village in favor of the petitioner.
It is averred that before the issuance of notification dated:16.06.2010 the Vyavasaya Seva Sahakara Sangha, Santhe Kalasagere was asked to distribute the commodities at Karasawadi Village by opening a branch temporarily in addition to the main FPD Point at Santhe Kalasagere Village to avoid inconvenience to the cardholders of the Karasawadi Village. Therefore, the Deputy Commissioner thought it fit to grant an independent shop to the Karasawadi Village itself. As there were about 1744 cards attached to the Santhe Kalasagere VSSN in the interest of the public, the same was ordered to be bifurcated by granting FPD Point to Vinayaka Layout as well as to Karasawadi village retaining 644 cards to Vyavasaya Seva Sahakara Sangha of Santhe Kalasagere Village which will be more than the minimum prescribed under the provisions of the KEC (PDS) Control Order, 1992.
Based on the public interest, the authorization came to be granted to one Manjunath under the notification dated:16.06.2010 by order dated:01.01.2013 bifurcating nearly -5- WP No. 28657 of 2016 about 700 cards from Vyavasaya Seva Sahakara Sangha out of 1744 cards and allotted the same in favor of one Manjunath to run the FPD Point at Vinayaka Layout comprising of Mahadeshwara Layout, Cauvery Nagar, Dwaraka Nagar, and Cauvery Nagar II Stage.
It is stated that after deducting 700 cards out of 1744 cards, there remain 1044 cards with Santhe Kalasagere Vyavasaya Seva Sahakara Sangha, which includes the cards pertaining to Karasawadi Village. Therefore, a report was submitted to the Tahasildhar to grant FPD Point to the petitioner, as there remain 626 cards with Santhe Kalasagere Village. Despite the said report, the Deputy Commissioner did not consider the application filed by the petitioner for the grant of authorization to run FPD Point at Karasawadi Village. It is also averred that the office of the respondent had informed the petitioner that the application of the petitioner will not be considered in view of the Circular dated:08.08.2013 issued by the Commissioner for Food and Civil Supplies wherein it is stated that whenever a notification is issued for grant of FPD Point, priority should be given to VSSN, PACS, TAPCMS, and -6- WP No. 28657 of 2016 KFCSC. If the said four organizations do not show any interest then the authorization could be issued to the general public.
It is further averred that the Circular dated 08.08.2013 was quashed by this Court and the petitioner gave representation to the respondent to consider her application and no action was taken hence, the petitioner was constrained to file Contempt Petition before this Court. After filing the Contempt Petition and during the pendency of the same, to avoid facing contempt, the Deputy Commissioner hurriedly passed an order on 06.08.2014 and granted FPD Point to the third respondent.
Under these circumstances, the petitioner having left with no other alternative and efficacious remedy, has filed this Writ Petition under Articles 226 and 227 of the Constitution of India.
3. Learned counsel for the petitioner and learned HCGP for respondents 1, 2, 4 & 5 have urged several contentions.
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4. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers and also the Annexures with utmost care.
Sri.H.C.Shivaramu., learned counsel for the petitioner in presenting his argument vehemently contended that the Deputy Commissioner without ascertaining the real facts, misdirected himself and granted FPD Point to the Sangha based on the Notification which was already quashed by this Court. Counsel for the petitioner argued by saying that the Sangha already owns an FPD Point. Hence, the grant of one more FPD Point to the Sangha is untenable. Counsel also drew the attention of the Court to the order passed by the Deputy Commissioner at Annexure-L. I have perused the same with utmost care. A bare perusal of the same would depict that grant of FPD Point to the third respondent - Sangha is based on the notification dated 08.08.2013. Admittedly, the said Notification has been quashed and the third respondent Sangha owns an FPD Point. Hence, granting one more point to the Sangha is untenable. -8- WP No. 28657 of 2016
In my considered opinion, the Deputy Commissioner ought to have considered the application of the petitioner as it is considered in the case of one Manjunath. There is nothing on record to show that the petitioner owns FPD Point.
Learned HCGP brought to the notice of the Court about the Notification dated:13.01.2003 to contend that the priority should be given to the Society. Therefore, she justified the allotment of FPD Point to the sangha. She argued by saying that based on priority, the allotment is made.
In my view, the contention about priority cannot be accepted. The reason is quite obvious that the allotment based on priority can be made only when the Sangha does not own an FPD Point. But the sangha already owns an FPD Point. Hence, the allocation of one more FPD Point to the very same Sangha on priority basis is unsustainable.
Under these circumstances, the orders passed by the Deputy Commissioner, Deputy Director for Food & Civil Supplies, and the Minister for Food & Civil Supplies, in the Government of Karnataka are unsustainable in law. -9- WP No. 28657 of 2016
The result is that the Writ Petition will be allowed. The writ of certiorari is ordered. The order dated:08.01.2016 passed by the Minister of Food & Civil Supplies, Government of Karnataka - fifth respondent in No.¥Àj²Ã®£Á (j«µÀ£ï) Cfð ¸ÀASÉå:
C£Á¸À 16 E¹J 2015 (vide Annexure-N), the Order dated 06.08.2014 passed by the Deputy Commissioner (Food) in No.S6/CR/156/2009-10 (vide Annexure-L) and the order dated:31.01.2015 passed by the Deputy Director for Food & Civil Supplies in ¸ÀASÉå: ¹J¥sïJ¸ï:ªÉÄîä£À«:67/2014-15 (vide Annexure-M) are quashed. The Writ of Mandamus is ordered.
The Deputy Commissioner (Food) - the first respondent is directed to consider the application of the petitioner for a grant of authorization to run the FPD Point at Karasawadi Village in accordance with the law within three months from the date of receipt of the certified copy of this order.
Resultantly, the Writ Petition is allowed.
Sd/-
JUDGE TKN List No.: 1 Sl No.: 14