Karnataka High Court
Shri. Shivaraj S/O. Mallayya Hiremath vs The State Of Karnataka on 23 November, 2022
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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WP No. 105258 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 23RD DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO. 105258 OF 2022 (GM-PDS)
BETWEEN:
SHRI SHIVARAJ
S/O. MALLAYYA HIREMATH,
AGE. 48 YEARS, OCC. AUTHORIZATION
HOLDER OF KUDARIMOTI,
R/O. KUDARIMOTI VILLAGE,
TQ. YELBURGA,
DIST. KOPPAL-583236.
... PETITIONER
(BY SRI. B.C. JNANAYYA SWAMI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPT. OF FOOD & CIVIL SUPPLIES,
VIDHAN SOUDHA,
BENGALURU-560001,
BY ITS UNDER SECRETARY.
Digitally signed
by VISHAL
NINGAPPA
2. THE FOOD COMMISSIONER,
VISHAL
FOOD & CIVIL SUPPLIES,
PATTIHAL
NINGAPPA Location:
PATTIHAL Dharwad
Date:
2022.11.24
17:57:06 +0530
CUNNINGHAM ROAD,
BENGALURU-560052.
3. THE DEPUTY COMMISSIONER,
KOPPAL-583236,
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WP No. 105258 of 2022
4. THE DEPUTY DIRECTOR,
FOOD & CIVIL SUPPLIES,
KOPPAL-583236.
5. THE TAHSILDAR,
YELBURGA-583236.
... RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT
OR ORDER OR DIRECTION, QUASHING THE IMPUGNED
NOTIFICATION DATED 29.04.2022 PASSED BY 4TH
RESPONDENT BEARING NO.SANKY.AAHAR/ HOSA/
NYA.BE.AAM.ADHISUCHANE.37.2021-22, VIDE ANNEXURE-C IN
RESPECT OF KUDARIMOTI VILLAGE OF YELBURGA TALUKA,
KOPPAL DISTRICT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Learned AGA is directed to take notice for respondents.
2. The petitioner is challenging the notification by which the applications have been called for the grant of an authorization in respect of Kudarimoti Village, Yelburga Taluka, Koppal District.
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3. It is the case of the petitioner that he was issued an authorization recently in the month of August- 2021 and this authorization granted to him enabled him to facilitate distribution of food grains for 1100 card holders. However, within six months a fresh notification has been issued by which his entitlement is halved and this seriously prejudiced the petitioner.
4. It is his contention that the respondents could not have issued this notification when they had assured the petitioner that he had 1100 cards for being serviced.
5. The PDS Order prescribes that the authorities are empowered to grant an authorization subject to the condition that the existing authorization holder possessed a minimum of 500 cards. In the instant case, it is not in dispute that out of 1100 cars, only 512 cards are sought to be allocated to the proposed Fair Price Depot and the petitioner would therefore be still left with serving the remaining card holders, which would be in excess of the -4- WP No. 105258 of 2022 prescribed minimum of 500 cards. Thus, the issuance of notification cannot be said to be contrary to the PDS Order.
6. I find no reason to entertain this writ petition and the same is hereby dismissed.
In view of the dismissal of the writ petition, pending applications, if any, do not survive for consideration.
sd JUDGE Vnp* List No.: 1 Sl No.: 32