Dismissed

The Prathamika Krushi Pattina Sahakari Sangha v. the State of Karnataka

Karnataka HC15 Dec 2023WP/107477/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition filed by a cooperative society challenging the rejection of its application for a fair price shop. The court upheld the rejection due to deficiencies in police verification, election documents, and proof of land possession, finding no infirmity in the authorities' decision.

What did the court decide?

The writ petition is dismissed. No fresh notification for allotment of fair price shop is issued.

The Prathamika Krushi Pattina Sahakari Sangha Vs… — Service and Employment | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:14709 WP No. 107477 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO. 107477 OF 2023 (GM-PDS)

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BETWEEN:

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THE PRATHAMIKA KRUSHI PATTINA SAHAKARI SANGHA, KURUDAGI, TQ: RON, DIST: GADAG-583231, REPRESENTED BY THE AUTHORISED REPRESENTATIVE SECRETARY, SIDDALINGESH VEERAPPA KURIYAVAR, AGE: 35 YEARS, OCC: SECRETARY, PKPS KURUDAGI, TQ: RON, DIST: GADAG-583231.

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…PETITIONER

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(BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE)

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ROHAN HADIMANI T Digitally signed by ROHAN HADIMANI T

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AND:

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THE STATE OF KARNATAKA, BY ITS SECRETARY, TO GOVERNMENT DEPARTMENT OF FOOD, CIVIL SUPPLIES CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001.

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THE DEPUTY DIRECTOR (FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS SECTION) GADAG DISTRICT, GADAG-583231.

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2 - NC: 2023:KHC-D:14709 WP No. 107477 of 2023

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THE TAHASILDAR, RON, TQ: RON, DIST: GADAG-583232.

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LAXMAPPA S. HUGAR, KURADAGI VILLAGE, TQ: RON, DIST: GADAG-583231.

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…RESPONDENTS

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(BY SRI. PRAVEEN UPPAR, AGA FOR R1 TO 3)

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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 QUASHING THE ORDER BEARING NO. AHAR:HONYABEAN:PAVYA/23-24 DATED 18/11/2023 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-E; ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO REISSUE THE NOTIFICATION CALLING FOR APPLICATION FOR ALLOTMENT OF FAIR PRICE SHOPS AT KURADAGI VILLAGE IN TERMS OF REPRESENTATION DATED 31/08/2023 VIDE ANNEXURE-D.

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

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3 - NC: 2023:KHC-D:14709 WP No. 107477 of 2023

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ORDER

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By a notification, applications were called for

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issuance of fresh authorization to run fair price shop in several places including Kuradagi Village, Gadag District. The petitioner made an application for grant of fair price shop to be run at Kuradagi Village. The application of the petitioner has been rejected on the ground that Police verification stating that no criminal case is pending against the members of the petitioner – Society has not been submitted, as per the report of Tahasildar, the place possessed by the petitioner – Society is not condusive for running a fair price shop, there is no document regarding elections being conducted to the petitioner – Society in accordance with law and the place indicated by the petitioner where it intends to run the fair price shop belongs to some other person and no lease deed has been produced in this regard.

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The aforementioned defects, as per the conditions prescribed in the tender notification, do not

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4 - NC: 2023:KHC-D:14709 WP No. 107477 of 2023

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entitle the petitioner to participate in the tender process

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and his application has been rightly rejected by the respondent – authorities.

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I do not see any infirmity in the same.

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Accordingly, the writ petition is hereby dismissed.

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Sd/JUDGE

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Rsh / CT:MCK LIST NO.: 1 SL NO.: 20

The Prathamika Krushi Pattina Sahakari Sangha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

The Prathamika Krushi Pattina Sahakari Sangha 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

Statutes considered

Parties & counsel

Coram

Case details

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