The petitioner, a former Gram Panchayat president, sought a mandatory writ directing authorities to allot a new fair price shop to the Gram Panchayat instead of a Cooperative Society. The court found the petitioner lacked locus standi as the aggrieved body was not a party. The petition was dismissed.
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NC: 2023:KHC-D:14178 WP No. 147634 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF DECEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 147634 OF 2020 (GM-PDS)
BETWEEN:
SHRI BASAVARAJ S/O. SHANKAR HOLI, AGE: 31 YEARS, OCC: AGRICULTURE AND FORMER PRESIDENT OF HUNASIKATTI GRAM PANCHAYAT, R/O : HUNASIKATTI, TQ: BAILHONGAL, DISTRICT: BELAGAVI, PIN CODE: 591153.
…PETITIONER
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)
AND:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
…RESPONDENTS
(BY SRI. PRAVEEN UPPAR, AGA FOR R1 & R2; SRI SADIQ N. GOODWALA, ADV. FOR R3)
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 APPROPRIATE WRIT OR ORDER OR DIRECTION BY QUASHING THE IMPUGNED ORDER DATED 17.02.2018 IN KRA.APOOVI/ADAA/VIVA-55/2016-2017 PASSED BY THE RESPONDENT NO.2 HEREIN, AS PER ANNEXUREG HEREIN AND CONFIRMED IN THE IMPUGNED ORDER DATED 30.06.2020 IN NO.KRA.APOOVI/ADA/MELMANAVI-02/2018-19 AS PASSED BY THE RESPONDENT NO.1 AS PER ANNEXURE-J HEREIN, BY ALLOWING THIS WRIT PETITION; ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS NO.1 AND 2 HEREIN TO GRANT THE SAID AUTHORIZATION OF NEW FAIR PRICE DEPOT TO THE PETITIONER GRAM PANCHAYAT, HUNASHIKATTI OF BAILHONGAL IN BELAGAVI DISTRICT AS PER THE SAID CLAUSE 6(1)(B)(I) OF THE KARNATAKA ESSENTIAL COMMODITIES PUBLIC DISTRIBUTION SYSTEM (CONTROL) ORDER, 2016.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is an individual and former president of Hunasikatti Gram Panchayat. Respondents No.1 and 2 have allotted a fair price shop to respondent No.3, which is a Credit Cooperative Society.
same had to be allotted to the Gram Panchayat and not to the respondent No.3, which is a Primary Agricultural
Cooperative Society. However, the aggrieved Gram Panchayat is not before this Court.
on behalf of the Gram Panchayat. Admittedly his individual right is not effected by the action of respondents No.1 and 2. Further, the documents reveal that there is a need for establishing a new fair price shop, which is done by respondents No.1 and 2.
hereby dismissed.
Sd/JUDGE
gab Ct-mck List No.: 1 Sl No.: 18
1 issue framed by the court
Whether the former president of a Gram Panchayat has locus standi to challenge the allotment of a fair price shop to a Cooperative Society on behalf of the Gram Panchayat whose petition is not before
Shri Basavaraj S/o. Shankar
The Deputy Commissioner and Appellate Authority, Belagavi
The Deputy Director of Food, Civil Supplies & Consumer Affairs Department, Belagavi
Hunasikatti Primary Agriculture Credit Co-Operative Society Niymit
M.I.Arun
As recorded by the court registry
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