Dismissed

Bharata Ratna Ambedkar Sc/St Co. Operative Society Limited Mugalkhod v. the State of Karnataka

Karnataka HC6 Dec 2023WP/100041/2023

Case brief

AI extract

What is this about?

Petitioners challenged license grant to a respondent claiming it reduced ration card allocations impermissibly. The court dismissed the petition finding an alternative efficacious remedy and continued an interim order for two weeks.

What did the court decide?

Writ petition dismissed; liberty to approach appellate authority; interim order continued for two weeks.

Bharata Ratna Ambedkar Sc/St Co. Operative Society… — Consumer Protection | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:14235 WP No. 100041 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 6^TH DAY OF DECEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.I.ARUN

¶7

WRIT PETITION NO. 100041 OF 2023 (GM-PDS)

¶8

BETWEEN:

¶9

BHARATA RATNA AMBEDKAR SC/ST CO-OPERATIVE SOCIETY LIMITED MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI, BY ITS SECRETARY MAHAVEER KURADE.

¶10

M.H. MUDHOL, FAIR PRICE SHOP MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI, BY ITS SECRETARY MAHALING MUDHOL.

¶11

JAI KANNADAMBE MAHILA HINDULID VARGAGALA HAGU ALP SANKYANTARA VIVID UDDESHGALA SAHAKARI SANGHA NIYAMITA, MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI,

¶12

BY ITS SECRETARY MAHADEV HUKKERI.

¶13

GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI

¶14

GUDITOTA HALU UTPADAKAR SAHAKARI SANGHA NIYAMITA MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI,

¶15

BY ITS SECRETARY YESHWANTH YADAVANNAVAR.

¶16

MUGALKHOD DAKSHINA BHAGA PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA NIYAMITA, MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI, BY ITS SECRETARY BHARMAPPA GODI.

¶17

SHRI YALLALING PRABHU CONSUMERS CO-OPERATIVE SOCIETY LIMITED MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI, BY ITS SECRETARY KHAJISAB DANGE.

¶18

SHRI APPAJI PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA NIYAMITA MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI, BY ITS SECRETARY PRASHANTH YARADETTI.

¶19

¶20

NC: 2023:KHC-D:14235 WP No. 100041 of 2023

¶21

MUGALKHOD PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA NIYAMITA MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI, BY ITS SECRETARY APPASAB BABANNAVAR.

¶22

…PETITIONERS

¶23

(BY SRI. S.N. GOODWALA ADV. FOR SRI. S.B.PATIL, ADVOCATE)

¶24

AND:

¶25

THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY FOOD AND CIVIL SUPPLIES DEPARTMENT, VASANTH NAGAR, BENGALURU-01.

¶26

THE COMMISSIONER FOOD, CIVIL AND CONSUMER AFAIRS DEPARTMENT, CUNNINGHAM ROAD, VASANTH NAGAR, BENGALURU.

¶27

THE DEPUTY COMMISSIONER, BELAGAVI, DIST: BELAGAVI.

¶28

THE JOINT DIRECTOR, FOOD, CIVIL AND CONSUMER AFFAIRS DEPARTMENT, BELAGAVI, DIST: BELAGAVI.

¶29

THE TAHSILDAR RAIBAG, DIST: BELAGAVI.

¶30

SHRI BEERESHWAR PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA NIYAMITA MUGALKHOD, TQ: RAIBAG, DIST: BELAGAVI.

¶31

…RESPONDENTS

¶32

(BY SRI. PRAVEEN UPPAR, AGA FOR R1 TO 5; SRI. ANKIT R. DESAI, ADVOCATE FOR R6)

¶33

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN A NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 02.12.2022 PASSED BY RESPONDENT NO.4 IN NO.APPUVI/AADHA/ NYABEHUM/VINIDHI-128/2022-23 VIDE ANNEXURE-B.

¶34

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

¶35

3 - NC: 2023:KHC-D:14235 WP No. 100041 of 2023

¶36

ORDER

¶37

The petitioners have challenged the grant of licence to respondent No.6 for a fair price shop on the ground that it has resulted in the number of ration cards assigned to the petitioners being reduced to less than 800 which is impermissible.

¶38

The learned AGA upon instructions submits that the petitioners are having an alternative efficacious remedy under Rule 17 of the Karnataka Essential Commodities and Public Distribution (Control) Order, 2016.

¶39

For that reason, the writ petition is hereby dismissed. However, the petitioners are given liberty to approach the appellate authority in the manner known to law and the appellate authority shall not consider the time spent by the petitioners before this Court in prosecuting the writ petition for the purpose of calculating the limitation. Further, the interim order granted by this Court

¶40

4 - NC: 2023:KHC-D:14235 WP No. 100041 of 2023

¶41

on 04.01.2023 is continued for a further period of two weeks from today to facilitate the petitioners to approach appropriate authority in the manner known to law.

¶42

The appellate authority shall consider the case of the petitioners independently without being influenced by any of the observations made hereinabove.

¶43

Sd/JUDGE

¶44

RSH / CT: MCK LIST NO.: 1 SL NO.: 25

Bharata Ratna Ambedkar Sc/St Co. Operative Society Limited Mugalkhod v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Bharata Ratna Ambedkar Sc/St Co. Operative Society Limited Mugalkhod v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shri.Basavaraj S/O. Shankar Holi Vs the Deputy Commissioner

Bharatiya Janata Party, Vs Smt. Bhavya Sridhar Shetty

Bank of India, Belgaum Branch Vs the Deputy Commissioner

Mahantesh S/O. Chavappa Bhangi Vs the Managing Director

Basalingappa S/O. Virappa Shahapur Vs the Commissioner

Ashok S/O Vijay Bhaskar Vs the State of Karnataka Represented