Karnataka High Court
D K Kemparaju vs The State Of Karnataka on 17 August, 2017
Author: A.S.Bopanna
Bench: A.S. Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2017
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA
WRIT PETITION Nos.35515-35583/2017
C/w.
WRIT PETITION Nos.36353-36357/2017
&
WRIT PETITION Nos.36358-36362/2017 (GM-PDS)
IN W.P.Nos.35515-35583/2017
BETWEEN:
1. D K KEMPARAJU (BLS NO. 193)
S/O LATE G KUMARAYYA
AGED ABOUT 67 YEARS
R/AT NO 8/1-4, 2ND MAIN
2ND CROSS, CHRIST SCHOOL
A K COLONY, S G PALYA
BANGALORE - 560 028
2. ASHA WOMEN'S CONSUMER
CO-OPERATIVE SOCIETY
NO.182, SARABANDEPALYA
SUBRAMANYAPURA ROAD
BANGALORE - 560 082
REP. BY ITS SECRETARY
T.M.VENKATESH
AGED ABOUT 53 YEARS
3. P G GUPTA STORE
NO.312, 28TH MAIN ROAD
37TH CROSS, 9TH BLOCK
JAYANAGAR
BANGALORE - 560 078
REP. BY ITS SECRETARY
2
ASHWATH NARAYANA GUPTHA
BLS NO 154
AGE:52 YEARS
4. N R BABU (BLS NO.89)
S/O NARASIMAMURTHY
AGED ABOUT 56 YEARS
NO 707, 1ST CROSS
KAVERI NAGAR
BANASHANKARI 2ND STAGE
BANGALORE - 560 078
5. PRAKRUTHI SEVA SAMAJA
NO 7/41, 11TH MAIN ROAD
13TH CROSS, PADMANABHA NAGAR
BANGALORE - 560 070
REP. BY ITS SECRETARY
SRI. THIMESH PRABHU
AGED ABOUT 49 YEARS
BLS NO. 127
6. JAYANAGAR CORPORATION
COLONY SOCIETY
NO. 674, CORPORATION COLONY
JAYANAGAR
BANGALORE - 560 078
REP. BY ITS SECRETARY
MUNISANJIVAIAH
AGED ABOUT 55 YEARS
BLS NO.171
7. BANASHANKARI 2ND STAGE
CONSUMER CO-OPERATIVE SOCIETY
(BLS NO. 135), NO.7/1
TEACHERS COLONY
BANASHANKARI
BANGALORE
REP. BY ITS SECRETARY
S R MHOD SALIM
AGED ABOUT 45 YEARS
8. BANASHANKARI MAHILA CONSUMER
CO-OPERATIVE SOCIETY
NO. 76, 45TH CROSS, UPADYAYARA
3
BANGALORE - 560 009
REP. BY ITS SECRETARY
K NARAYANA
AGED ABOUT 49 YEARS
9. ASHOKA GRAMODYOGA
SAHAKARA SANGHA
NO.1, 1ST MAIN ROAD
BTM 1ST STAGE, OLD MADIVALA
BANGALORE - 560 084
REP. BY ITS SECRETARY
SAMPATH KUMAR
BLS NO. 209
AGED ABOUT 30 YEARS
10. VIJAYALAKSHMI WOMEN CONSUMER
CO-OPERATIVE SOCIETY
(BLS NO.139)
J.P.NAGAR, I PHASE, NO 154
SUBBAMMA CIRCLE
BANGALORE - 560 078
REP. BY ITS SECRETARY
P BALAJI
AGED ABOUT 51 YEARS
11. SRI. MAHESHWARI LADIES
CO-OPERATIVE SOCIETY
NO 53, 1ST MAIN, BALAJI LAYOUT
SUDDAGUNTE PALYA
BANGALORE
REP. BY ITS PRESIDENT
MAMTHA
AGED ABOUT 31 YEARS
BLS NO 196
12. SRI. VENKATESHWARA RATION
CARD HOLDERS SOCIETY
NO 18, 2ND MAIN ROAD
N S PALYA
BANGALORE - 560 026
REP. BY ITS SECRETARY
SRI. PRASANNA KUMAR G
AGED ABOUT 49 YEARS
BLS NO 213
4
13. KORAMANGALA RATION CARD
HOLDERS SOCIETY
NO.1061, 7TH A MAIN, 1ST STAGE
KORAMANGALA
BANGALORE - 560 034
REP. BY ITS SECRETARY
SRI. Y M NAGARAJA
BLS NO. 186
AGED ABOUT 55 YEARS
14. SRI. CHAMUNDESHWARI CONSUMER
CO-OPERATIVE SOCIETY
NO. 525, 9TH CROSS, 7TH BLOCK
JAYANAGARA
BANGALORE - 560 075
REP. BY ITS SECRETARY
TANUJA
AGED ABOUT 49 YEARS
15. TULASI MAHILA BALAKEDARARA
SAHAKARA SANGHA
NANJAPPA LAYOUT
HALEMADIVALA
BANGALORE - 560 049
REP. BY ITS SECRETARY
SAMPANGIRAMAIAH C
AGED ABOUT 59 YEARS
BLS NO. 216
16. LIBERTY CONSUMER CO-OPERATIVE
SOCIETY
NO. 23/A, UMARBAG LAYOUT
VIVEKANANDA COLONY
BANGALORE - 560 078
REP. BY ITS SECRETARY
SHAFI
AGED ABOUT 45 YEARS
17. THYAGARAJA NAGARA RATION
CARD HOLDERS SOCIETY
NO.227 - 2B, BYYAPPA BLOCK
4TH CROSS, 2ND MAIN
T R NAGARA
BANGALORE - 560 028
5
REP. BY ITS SECRETARY
SMT. CHITRA
AGED ABOUT 41 YEARS
18. M/S. RATION CARD HOLDERS
(BLS NO.133)
BALAKEDARARA SAHAKARA SANGHA
NO.187/B, JUMMA MASJID ROAD
ILIYANA NAGAR
BANGALORE
REP. BY ITS SECRETARY
SYED MOULANA
AGED ABOUT 46 YEARS
19. JAYANAGAR CONSUMER
CO-OPERATIVE SOCIETY (140)
8TH BLOCK, NO.645
1ST MAIN ROAD, JAYANAGAR
BANGALORE - 560 082
REP. BY ITS SECRETARY
SRI. B S HEMANTH KUMAR
AGED ABOUT 45 YEARS
20. MANJUNATHA CONSUMER
CO-OPERATIVE SOCIETY (203)
NO.71, 6TH MAIN
BANNERGHATTA ROAD
GURAPPANA PALYA
BANGALORE - 560 029
REP. BY ITS SECRETARY
J BHASKAR
AGED ABOUT 55 YEARS
21. SRI. DEVI CONSUMER
CO- OPERATIVE SOCIETY(172)
NO.1149, 1ST CROSS
18TH MAIN, MARENAHALLI TANK ROAD
JAYANAGAR
BANGALORE - 560 041
REP. BY ITS SECRETARY
SRI.MARAPPA
AGED ABOUT 49 YEARS
6
22. SC/ST WOMENS CONSUMER
CO - OPERATIVE SOCIETY
NO.514, 29TH A MAIN
CORPORATION COLONY
9TH BLOCK, JAYANAGAR
BANGALORE - 560 069
REP. BY ITS SECRETARY
A LALITHA
AGED ABOUT 46 YEARS
BLS NO.174.
23. BYRASANDRA CONSUMER
CO-OPERATIVE SOCIETY
NO.34, VIVEKNAGAR POST
KORAMANGALA
BANGALORE - 560 047
REP. BY ITS SECRETARY
SRI.RAVINDRA
AGED ABOUT 53 YEARS
24. BYRASANDRA CONSUMER
CO-OPERATIVE SOCIETY
NO.168, 3RD CROSS, 1ST BLOCK
EAST JAYANAGAR
BANGALORE - 560 011
REP. BY ITS SECRETARY
SRI.RAVINDRA
AGED ABOUT 53 YEARS
25. BYRASANDRA CONSUMER
CO-OPERATIVE SOCIETY
NO.35, SAMATHA NAGARA
VIVEKNAGAR POST
BANGALORE - 560 047
REP. BY ITS SECRETARY
SRI.RAVINDRA
AGED ABOUT 53 YEARS
26. SHEEBHA STORES
NO.187, 10TH B MAIN ROAD
1ST BLOCK, JAYANAGAR
BANGALORE - 560 075
REP. BY ITS SECRETARY
7
SMT.MALATHI
AGED ABOUT 45 YEARS
27. BYRASANDRA CONSUMER
CO-OPERATIVE SOCIETY
NO.280, 10TH CROSS
AMBEDKAR NAGAR
KORAMANGALA
BANGALORE
REP BY ITS SECRETARY
SRI.RAVINDRA
AGED ABOUT 53 YEARS
28. BYRASANDRA CONSUMER
CO-OPERATIVE SOCIETY
NO.20/1, 3RD MAIN
BYRASANDRA 1ST BLOCK
JAYANAGARA
BANGALORE
REP. BY ITS SECRETARY
SRI.RAVINDRA
AGED ABOUT 53 YEARS
29. NAGARAJ STORES
NO.84, 2ND CROSS
TAVAREKERE MAIN ROAD
CHICKA ADUGODI, BLS NO.198
BANGALORE - 560 081
REP. BY ITS SECRETARY
G.C.RAJASHEKAR
AGED ABOUT 53 YEARS
30. BPRMA
NO.72, PARAMAHAMSA ROAD
BENDRE NAGAR, KADRENHALLI
BANGALORE - 560 070
REP. BY ITS SECRETARY
Y.H.JANARDHAN
AGED ABOUT 49 YEARS
BLS NO.150
31. KEMPEGOWDA NAGARA MILK
PRODUCT ASSOCIATION
NO.1814, 12TH MAIN ROAD
8
33RD CROSS, BSK 2ND STAGE
BANGALORE - 560 070
REP. BY ITS SECRETARY
SRI.T.VENKATESH
AGED ABOUT 49 YEARS
BLS NO.83
32. K G N M P A BRANCH
(KEMPEGOWDA NAGARA MILK
PRODUCT ASSOCIATION)
BLS NO.84, NO.1814, 33RD CROSS
BSK 2ND STAGE
BANGALORE - 560 070
REP. BY ITS SECRETARY
SRI.T.VENKATESH
AGED ABOUT 48 YEARS
33. K P SYED BHAKSHI
S/O LATE PEER SAB
AGED ABOUT 63 YEARS
NO.13/D, 9TH MAIN, YARABNAGAR
BSK II STAGE
BANGALORE - 560 085
BLS NO.99
34. T M MHOD SHAFI ULLA
S/O LATE J.A.MOHD.KHAN
AGED ABOUT 63 YEARS
18, 1ST MAIN ROAD
2ND CROSS, UMARBHAG LAYOUT
BANGALORE - 560 078
35. MOOKAMBIKA CONSUMER
CO-OPERATIVE SOCIETY
NO.3/1, 1ST MAIN ROAD
TURUVEKERE (BLS NO.207)
BANGALORE - 560 075
REP. BY ITS SECRETARY
SMT. SUDHA D S
AGED ABOUT 38 YEARS
36. JAYANAGARA CORPORATION COLONY
CARD HOLDERS SOCIETY
NO.1, SRINIVASULU
9
VIVEKANAGARA
BANGALORE - 560 075
REP. BY ITS SECRETARY
MUNINANJAPPA
BLS NO.185
AGE: 49 YEARS
37. TAVAREKERE RATION CARD
CONCUMER CO - OPERATIVE
SOCIETY (BLS NO.205)
NO.108/3, TAVAREKERE MAIN ROAD
BANGALORE - 560 018
REP. BY ITS PRESIDENT
SRI. DEVARAJ M
AGED ABOUT 45 YEARS
38. 9TH BLOCK CONSUMER
CO - OPERATIVE SOCIETY
NO.1882, 22ND MAIN ROAD
41ST A CROSS, 4TH T BLOCK
JAYANAGAR
BANGALORE - 560 041
REP. BY ITS SECRETARY
K DANDAPANI
AGED ABOUT 51 YEARS
BLS NO.169
39. J P NAGAR IIND STAGE
CONSUMER CO - OPERATIVE
SOCIETY (BLS NO.141)
NO.118, KSRTC LAYOUT
J P NAGAR
BANGALORE - 560 078
REP. BY ITS SECRETARY
SMT. JAYALAKSHMI
AGED ABOUT 51 YEARS
40. BANASHANKARI WOMEN
CONSUMER SOCIETY
(BLS NO.199)
NO.114, CHICKA ADUGODI
TAVAREKERE MAIN ROAD
BANGALORE - 81
REP. BY ITS SECRETARY
10
SRI. CHANDRAPPA
AGED ABOUT 51 YEARS
41. TIRUMALA STORES
REP. BY ITS PROP.
SMT. KEMPAMMA
AGED ABOUT 67 YEARS
NO.21, 2ND CROSS
BOVI COLONY, S G PALYA
BANGALORE - 29
BLS NO.194
42. SUDHA MAHILA BALAKEDARA SANGHA
NO.1, PADMA SHOPPING COMPLEX
SITE NO.201, GIRINAGARA
BANGALORE - 560 076
BLS NO.81
43. MALLIKARJUNA STORES (BLS NO.178)
NO.31, VENKATASWAMY LAYOUT
KORAMANGALA 8TH BLOCK
BANGALORE - 560 085
SRI. M MALLAIAH
AGED ABOUT 55 YEARS
44. S S GOVINDARAJU GUPTA
S/O R SRINIVASA MURTHY
AGED ABOUT 50 YEARS
NO.36, 9TH MAIN ROAD
10TH CROSS, KAVERI NAGAR
BSK IIND STAGE
BANGALORE - 560 070
BLS NO.270
45. SREE RAMA CONSUMER
CO-OPERATIVE SOCIETY
NO.4, 2ND CROSS
ANGAPPA GARDEN
EGPURA
BANGALORE - 560 085.
REP. BY ITS SECRETARY
SRI. T. DEVRAJ
11
AGED ABOUT 38 YEARS
BLS NO.184.
46. SRI. NANJUNDESHWARA
BALAKEDARARA SAHAKARA SANGA
(BLS NO.242)
NO.36, LALAJINAGAR
1ST MAIN ROAD
BANGALORE - 560 030.
REP. BY ITS SECRETARY
SRI. H.G. NAGAVENI
AGED ABOUT 45 YEARS
47. KODANDARAMASWAMY CONSUMER
CO-OPERATIVE SOCIETY
NO.95, EGIPUR, VIVEKNAGAR
BANGALORE - 560 047.
REP. BY ITS SECRETARY
T. RAMESH
AGED ABOUT 35 YEARS
BLS NO.188.
48. DHANALAKSHMI CONSUMER
CO-OPERATIVE SOCIETY
NO.522/2, CHINNA ROAD
EGIPURA
BANGALORE - 560 047
REP. BY ITS SECRETARY
SRI. SUNDARESH
AGED ABOUT 38 YEARS
BLS NO.183
49. AVS CCS (ARYA VAISHYA SANGHA)
NO.496, 6TH CROSS
LALBAGH ROAD, SIDDAPUR
JAYNAGAR 1ST BLOCK
BANGALORE - 560 022.
REP. BY ITS SECRETARY
SRI. T. SUBRAMANI
AGED ABOUT 43 YEARS
BLS NO.266
50. AVS CCS (ARYA VAISHYA SANGHA)
NO.78, BKM COLONY
12
LALBAGH ROAD, SIDDAPUR,
JAYNAGAR 1ST BLOCK
BANGALORE - 560 022
REP. BY ITS SECRETARY
T. SUBRAMANI
AGED ABOUT 43 YEARS
BLS NO.267
51. AYAPPA SWAMY CONSUMER
CO - OPERATIVE SOCIETY
NO.14, SOMESHWARANAGAR
1ST BLOCK
BANGALORE - 560 011
REP. BY ITS SECRETARY
R.SHIVAKUMAR
AGED ABOUT 43 YEARS
BLS NO. 260
52. ANTHONYS PEOPLE ASSOCIATION
NO.239/42, 8TH MAIN
1ST BLOCK EAST, JAYANAGAR
BYRASANDRA
BANGALORE - 560 011.
REP. BY ITS SECRETARY
SRI. GANGADHAR
AGED ABOUT 28 YEARS
53. RATNA STORES
REP. BY ITS SECRETARY
T. NANJUNDA REDDY
AGED ABOUT 48 YEARS
NO.387/1, 14TH CROSS
VTH MAIN ROAD
CHINNAYANNAPALYA
BANGALORE - 560 030
54. BHAVANI CONSUMER
CO - OPERATIVE SOCIETY
NO.27, BANAGIRI NAGARA
BANASHANKARI 3RD STAGE
BANGALORE - 560 085
REP. BY ITS PRESIDENT
SMT. SUJATHA
13
AGED ABOUT 41 YEARS
BLS NO.129
55. BTM LAYOUT RATION CARD
HOLDERS SOCIETY (215)
NO. 221, 25TH MAIN
BTM 2ND STAGE
BANGALORE
REP. BY ITS SECRETARY
SRI.MUNIRAJU
AGED ABOUT 51 YEARS
56. PRASANNA VENKATESHWARA STORE
REP. BY ITS PROP.
J. SHANKAR
AGED ABOUT 55 YEARS
S/O. LATE. K. SEETHAPATI
NO.16, 3RD CROSS
VENKATASWAMY REDDY LAYOUT
NEAR SHIVA TALKIES
8TH BLOCK, KORAMANGALA
BANGALORE - 560 095
BLS NO.187
57. MEHABOOB STORES
REP.BY ITS PROP.
SRI. MOHAMMED AKBAR SHARIEF
AGED ABOUT 49 YEARS
NO.96, 11TH CROSS
SOMESHWARANAGAR
1ST BLOCK, JAYANAGAR
BANGALORE - 560 011
58. VAJRESHWARI MAHILA CONSUMER
CO-OPERATIVE SOCIETY
REP. BY ITS SECRETARY
SMT. A. REVATHY
AGED ABOUT 48 YEARS
NO.66/1, ASHWATH KATTE ROAD
OLD GURAPPANAPALYA
BANGALORE - 560 029
59. HASIRU PADITARA CHEETI
CONSUMER CO-OPERATIVE SOCIETY
14
REP. BY ITS SECRETARY
IMAM B
AGED ABOUT 54 YEARS
NO.602, 6TH CROSS, 3RD STAGE
AMBEDKAR NAGAR
KORAMANGALA SLUM
BANGALORE - 560 047
60. N.T.STORES
REP. BY ITS SECRETARY
SRI. CHANDRASHEKAR GOWDA
AGED ABOUT 50 YEARS
NO.17, LR NAGAR MAIN ROAD
BANGALORE - 560 030
BLS NO.233
61. GOWDAN PALYA CONSUMER
CO-OPERATIVE SOCIETY
REP. BY ITS SECRETARY
SRI.G.VENKATESH
AGED 55 YEARS
S/O LATE V.GOVINDASWAMY
NO.336, 7TH CROSS, 7TH MAIN
BASAVESHWARANAGAR
BANGALORE - 560 085
BLS 122
62. GOWDAN PALYA CONSUMER
CO-OPERATIVE SOCIETY
(BRANCH) BLS 122
REP. BY ITS SECRETARY
SRI.G.VENKATESH
AGE 55 YEARS
S/O LATE V.GOVINDASWAMY
NO.336, 7TH CROSS, 7TH MAIN
BASAVESHWARANAGAR
BANGALORE - 560 085
63. POORNIMA CONSUMER
CO - OPERATIVE SOCIETY
REP. BY ITS SECRETARY
SRI. SHANKARANANDA BHAT
AGED ABOUT 56 YEARS
NO.9, 7TH MAIN, 7TH BLOCK
15
2ND CROSS, SYNDICATE COLONY
BSK IIIRD STAGE
BANGALORE - 560 085
BLS NO.26
64. POORNIMA CONSUMER
CO - OPERATIVE SOCIETY
REP. BY ITS SECRETARY
SRI. SHANKARANANDA BHAT
AGED ABOUT 56 YEARS
NO.99/2, BSK 3RD STAGE
44TH BLOCK
BANGALORE - 560 085
BLS NO.67
65. CHANDRACHUDESHWARA CONSUMER
CO - OPERATIVE SOCIETY (BLS NO.146)
REP. BY ITS SECRETARY
SMT. BHAGYA
AGED ABOUT 38 YEARS
NO.5, 14TH CROSS, SARAKKI GARDEN
BANGALORE - 560 068
66. CHANDRACHUDESHWARA CONSUMER
CO - OPERATIVE SOCIETY (BRANCH)
(BLS NO.120)
REP. BY ITS SECRETARY
SMT BHAGYA
AGED ABOUT 38 YEARS
NO.6, KUMARASWAMY LAYOUT
BANGALORE - 560 078
67. INDU TRADERS
REP. BY ITS SECRETARY
SRI. NAGARAJ
AGED ABOUT 45 YEARS
NO.253, 12/9, 16TH MAIN
JAYANAGAR 1ST BLOCK
BANGALORE - 560 011
68. VIJAYALAKSHMI CONSUMER
CO - OPERATIVE SOCIETY
REP. BY ITS SECRETARY
SRI.VENUGOPAL
16
AGED ABOUT 57 YEARS
NO.86, KERESANDRA
K R ROAD
BANGALORE - 560 070
BLS NO.86
69. BANASHANKARI 2ND STAGE (BLS NO.131)
KUMARASWAMY LAYOUT
J P NAGAR
BANGALORE - 560 061
REP. BY ITS SECRETARY
SRI.MOHD. SALEEM
AGED ABOUT 49 YEARS ...PETITIONERS
(BY SRI NAGARAJA N. NAIDU, ADV.)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF FOOD CIVIL
SUPPLIES & CONSUMER AFFAIRS
REPTD. BY ITS
PRINCIPAL SECRETARY
VIKASA SOUDHA
BANGALORE - 560 001
2. THE COMMISSIONER
FOOD & CIVIL SUPPLIES DEPARTMENT
CUNNINGHAM ROAD
BANGALORE - 560 054
3. THE ADDITIONAL DIRECTOR
FOOD & CIVIL SUPPLIES DEPARTMENT
CUNNINGHAM ROAD
BANGALORE - 560 054
4. THE DEPUTY DIRECTOR
SOUTH RANGE
N R COLONY
BANGALORE - 560 010 ...RESPONDENTS
(BY SRI A.C.BALARAJ, HCGP)
17
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER DATED 27.7.2017
PASSED BY THE R-2 VIDE ANNEXURE - K AND ALSO
ORDER DATED 28.2.2017 PASSED BY THE R-3 VIDE
ANNEXURE - H TO H68.
IN W.P.Nos.36353-36357/2017 &
W.P.Nos.36358-36362/2017
BETWEEN:
1. J B STORES
NO.25, 1ST MAIN ROAD
20TH CROSS, KRISHNA
BANGALORE - 560 030
REP. BY ITS PROP.
J B KUMAR
AGED ABOUT 59 YEARS
BLS NO.232
2. LAL MOHAMMAD STORE
REP. BY ITS PROP.
SRI. LAL MOHAMMAD
S/O MHOD. SALEHA
AGED ABOUT 55 YEARS
NO.47, 1ST MAIN, 2ND CROSS
XAVIER LAYOUT
BANGALORE - 560 047
BLS NO.228
3. TILAK NAGAR COSUMER
CO - OPERATIVE SOCIETY
NO.19, 2ND CROSS
VINAYAKANAGAR
IIIRD STAGE
BANGALORE - 560 050
REP. BY ITS SECRETARY
SMT. SUNANDA
AGED ABOUT 49 YEARS
BLS NO.23
4. JAMAL STORES
REP. BY ITS PROP.
18
SRI. JAMAL S M
AGED ABOUT 48 YEARS
SOUTH RANGE
BANGALORE - 560 050
BLS NO.227
5. HOMBEGOWDA NAGAR CONSUMER
CO - OPERATIVE SOCIETY
NO.1, 4TH CROSS
WILSON GARDEN
BANGALORE - 560 078
REP. BY ITS SECRETARY
SRI. Y K PRAKASH
AGED ABOUT 48 YEARS
BLS NO.241
6. MAHALINGESHWARA CONSUMER
CO - OPERATIVE SOCIETY
NO.5, MAALINGESHWARA SLUM
R.H.COLONY, AUDUGODI
BANGALORE - 560 030
REP. BY ITS SECRETARY
TAMMAIAH T M
AGED ABOUT 55 YEARS
7. THYAGARAJA NAGAR FCS
NO.190/1, 12TH CROSS
3RD BLOCK, THYAGARAJA NAGAR
BANGALORE - 560 028
REP. BY ITS SECRETARY
JYOTHI
AGED ABOUT 28 YEARS
BLS NO.16
8. EAST END CONSUMER
CO - OPERATIVE SOCIETY
NO.1732, 39TH A CROSS
EAST END A MAIN ROAD
9TH BLOCK, JAYANAGAR
BANGALORE - 560 069
REP. BY ITS SECRETARY
D.G.PRABHU KUMAR
AGED ABOUT 30 YEARS
19
9. NETHAJI MAHILA KANNADA SANGHA
GANAPATHI NAGAR
BANGALORE - 26
REP. BY ITS SECRETARY
MAHADEVAMMA
AGED ABOUT 50 YEARS
BLW NO.377
10. CHAMUNDESHWARI CONSUMER
CO - OPERATIVE SOCIETY
GG ALLI,
BANGALORE - 39
REP. BY ITS SECRETARY
ABDUL SUKUR
AGED ABOUT 40 YEARS
BLW NO.171 ...PETITIONERS
(BY SRI NAGARAJA N. NAIDU, ADV.)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF FOOD CIVIL
SUPPLIES & CONSUMER AFFAIRS
REPTD. BY ITS
PRINCIPAL SECRETARY
VIKASA SOUDHA
BANGALORE - 560 001
2. THE COMMISSIONER
FOOD & CIVIL SUPPLIES DEPARTMENT
CUNNINGHAM ROAD
BANGALORE - 560 054
3. THE ADDITIONAL DIRECTOR
FOOD AND CIVIL SUPPLIES DEPARTMENT
CUNNINGHAM ROAD
BANGALORE - 560 054
4. THE DEPUTY DIRECTOR
SOUTH RANGE
N R COLONY
BANGALORE - 560 075
20
5. THE DEPUTY DIRECTOR
WEST RANGE
RAJAJINAGAR
BANGALORE - 560 020. ...RESPONDENTS
(BY SRI.A.C.BALARAJ, HCGP)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER DATED 27.7.2017
PASSED BY THE R-2 AT ANNEXURE - J AND ALSO ORDER
DATED 28.2.2017 PASSED BY THE R-3 AT ANNEXURE - G
TO G9.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Learned Government Advocate to accept notice for respondents and file memo of appearance in four weeks.
2. The petitioners are before this Court claiming to be aggrieved by the orders impugned whereby, the application filed by the petitioners seeking grant of stay has been rejected by respondent No.2.
3. Though, several contentions are urged in these petitions, the same need not be adverted to in detail since, this Court in similar circumstance has considered this aspect of the matter. In particular, this Court, while disposing of W.P.No.36191-36213/2017 on 21 16.08.2017 has taken note of these aspects and has ordered that the interim order of stay shall enure to the benefit of the petitioners, till the appeal pending before the respondent No.2 is considered and disposed of.
3. In that view, in the instant petitions also, the orders impugned are set aside. The benefit of the interim order shall enure to the petitioners, till the appeals which are the subject matters of these petitions are considered and disposed of on merits by respondent No.2 In terms of the above, the writ petitions stand disposed of.
Sd/-
JUDGE ST