Karnataka High Court
Sri. S. Chandrashekaraiah vs The Commissioner, Food And Civil ... on 10 November, 2021
Author: Ritu Raj Awasthi
Bench: Ritu Raj Awasthi
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.7994 OF 2021 (GM-RES-PIL)
BETWEEN:
SRI. S. CHANDRASHEKARAIAH
ADVOCATE,
S/O.LATE SANNA RAMA NAIK,
AGED ABOUT 51 YEARS,
ADDRESS AT:
NO.9/7, KEMPEGOWDA NILAYA,
1ST FLOOR, 3RD CROSS,
MUTHURAYASWAMY EXTENSION,
SUNKADAKATTE, BENGALURU 560091.
...PETITIONER
(BY SRI.MURTHY D NAIK, ADVOCATE)
AND:
1. THE COMMISSIONER,
FOOD AND CIVIL SUPPLIES AND CONSUMER
AFFAIRS DEPARTMENT
(PROCUREMENT AND DISTRIBUTION BRANCH),
GOVERNMENT OF KARNATAKA,
CUNNINGHAM ROAD, BENGALURU-560052.
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2. THE UNDER SECRETARY TO THE
GOVERNMENT OF INDIA
MINISTRY OF PETROLEUM AND NATURAL GAS,
SHASTRI BHAWAN,
NEW DELHI 110001.
...RESPONDENTS
(BY SMT.VANI.H, AGA FOR R1;
SRI.GOWTHAM.C.ULLAL, ADVOCATE FOR R2)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO a)ISSUE A WRIT OF
MANDAMUS, DIRECTING THE RESPONDENT NO.1 TO ALLOT 3
LITRES OF KEROSENE TO ALL THE BPL/RATION CARD HOLDERS IN
THE STATE OF KARNATAKA, WHO DO NOT HAVE LPG
CONNECTIONS AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:
ORDER
Heard.
2. In this public interest litigation, the petitioner has approached this Court seeking a direction to the respondents to allot 3 litres of kerosene to all the BPL card holders/ration card holders in the State of Karnataka who do not have LPG connections.
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3. Learned Additional Government Advocate points out that the statement of objections has been filed on behalf of the State specifically stating in paragraph 4 that in view of Government Order dated 27.07.2016, the BPL card holders without LPG connection are eligible for 3 litres of kerosene and 3 litres kerosene allotment has been given to BPL card holders without LPG connection and the Government Order dated 27.07.2016 is being followed.
4. In this regard, learned counsel for the petitioner tries to submit that subsequently Government Order dated 08.10.2021 has been issued restraining supply of kerosene to 20 districts. The Government Order dated 08.10.2021 is not placed before the Court. It is not on record.
5. Learned Additional Government Advocate submits that she is not aware of any such Government Order. Her stand is very clear that the supply of 3 litres of kerosene to 4 BPL card holders without LPG connection is being made in view of Government Order dated 27.07.2016.
6. There is nothing on record for us to come to conclusion that 3 litres of kerosene is not being supplied to BPL card holders without LPG connection.
7. The writ petition is accordingly dismissed, however, with liberty to the petitioner to challenge any order or direction issued by any Government authorities restraining supply of kerosene to BPL card holders without LPG connection.
The pending interlocutory applications, if any, stand disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE CA