In a writ petition challenging the cancellation of a fair price shop license, the High Court of Karnataka rejected the petitioner's defence of illness as an afterthought. Affirming the licensing authority's finding of irregularities in stock accounts, sales bills, and distribution, the court dismissed the petition.
Writ petition is hereby dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 101690 OF 2014 (GM-PDS)
BETWEEN:
S. SUMAN C/O. M. VENKATESHULU, AGED 21 YEARS, SECRETARY INDIRANAGAR CONSUMERS CO-OPERATIVE SOCIETY, W.NO.25, R/O. H.NO:95A, BANNAPPA BHAVI, REDDY SREET, DIST: BELLARY.
…PETITIONER
(BY SMT. SUNITHA P. KALASOOR, ADVOCATE)
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
AND:
…RESPONDENTS
(BY SRI PRAVEEN UPPAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS THE WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AGAINST THE ANNEXURE-E THE ORDER PASSED BY 2ND RESPONDENT SANKYA ANNAS 65 ECA 2011 DATED 08/11/2013; ISSUE OF WRIT OF MANDAMUS TO THE 4TH RESPONDENT TO CONTINUE THE PUBLIC DISTRIBUTION SYSTEM OF PETITIONER LICENSE THROUGH THE PETITIONERS FAIR PRICE SHOP.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC-D:13132 WP No. 101690 of 2014
ORDER
The petitioner is running a fair price shop. The said
licence has been cancelled on the following ground:
For the aforementioned reasons, the writ petition is
hereby dismissed.
Sd/JUDGE
RSH / Ct-mck List No.: 1 Sl No.: 43
3 issues framed by the court
Whether the cancellation of the petitioner's fair price shop license on grounds of irregular stock maintenance and distribution is maintainable.
Whether the defence of dengue fever as an excuse for record-keeping errors is valid.
Whether the writ petition challenging the impugned cancellation order should be allowed.
1 provisions across 1 enactments
S. SUMAN
GOVERNMENT OF KARNATAKA
M.I.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
