Disposed

Chandrashekhar S/O Murigeppa Teli v. the Deputy Commissioner (Food)

Karnataka HC23 Jun 2021WP/100408/2021

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition challenging an order under the Karnataka Essential Commodities Control Order. Court noted the existence of an alternative remedy through an appeal under Section 17, held it need not express an opinion on merits, and stayed disposal conditionally based on the petitioner filing the appeal within four weeks.

What did the court decide?

Petition disposed reserving liberty to approach Appellate Authority under Section 17 if appeal filed within four weeks.

Chandrashekhar S/O Murigeppa Teli Vs the Deputy… — Consumer Protection | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 23^rd DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

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WRIT PETITION No.100408/2021 (GM-PDS)

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BETWEEN :

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CHANDRASHEKHAR S/O MURIGEPPA TELI AGE 44 YEARS, OCC FAIR PRICE SHOP OWNER, R/O BEKKERI, TQ RAIBAG, DIST BELAGAVI-591317. .. PETITIONER (BY SRI. M.B. GUNDAWADE, ADV.)

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AND :

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1 . THE DEPUTY COMMISSIONER (FOOD) BELAGAVI DISTRICT, BELAGAVI-590001. 2 . THE JOINT DIRECTOR FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, BELAGAVI-590001. 3 . THE TAHASHILDAR, RAIBAG RAIBAG-591317. 4 . THE PRESIDENT PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETIES LTD., BEKKERI VILLAGE, RAIBAG TALUKA, DIST BELAGAVI, REPRESENTED BY V.L. PATIL, PRESIDENT, PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETIES, BEKKERI VILLAGE, RAIBAG-591317. .. RESPONDENTS (BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R3. SRI. SADIQ N. GOODWALA, ADV. FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT TO QUASH THE ORDER DATED 24.11.2020 PASSED BY R2, JOINT COMMISSIONER, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, BELAGAVI (AT ANNEXURE-B).

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this writ petition, the petitioner is challenging the order dated 24.11.2020 passed by the Joint Commissioner, Food and Civil Supplies and Consumer Affairs Department, Belagavi-respondent No.2 under Clause 3(e) of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016 vide Annexure-B.

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Heard the learned counsel appearing for the

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parties.

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Sri. Shivaprabhu S. Hiremath, learned Additional Government Advocate at the outset submitted that the petitioner has alternative remedy of appeal under Clause 17 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016. Hence, sought for dismissal of the writ petition.

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Since the petitioner is having remedy of an appeal under Section 17 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016, without expressing any opinion on the merits of the case, reserving liberty to the petitioner to approach the Appellate Authority under Section 17 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016, the petition is disposed of. If the petitioner files an appeal within four weeks from today, the appellate Authority without insisting on delay, shall consider the matter on merits and dispose of the same in accordance with law.

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With the aforesaid observations, the petition stands disposed of.

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In view of disposal of the petition, I.A.I/021 for vacating stay does not survive for consideration and the same stands disposed of.

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Sd/JUDGE

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kmv

Chandrashekhar S/O Murigeppa Teli v. the Deputy Commissioner (Food)

Case brief

What is this about?

What did the court decide?

Chandrashekhar S/O Murigeppa Teli v. the Deputy Commissioner (Food)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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