Allowed

Nija Sharana Ambiger v. the State of Karnataka

Karnataka HC2 Aug 2024WP/100052/2023

Case brief

AI extract

What is this about?

Petitioner society sought writ to quash an order rejecting its application for fair price shop authorization and to direct reconsideration. Court allowed petition, quashed the order, and directed the 3rd respondent to decide afresh within two months upon verification of registration and byelaws.

What did the court decide?

Writ petition allowed; impugned order Annexure-E quashed; matter remanded to 3rd respondent to decide afresh within two months.

Nija Sharana Ambiger Vs the State of… — Public Procurement and Tenders | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:10964 WP No. 100052 of 2023

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE H.P.SANDESH

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WRIT PETITION NO. 100052 OF 2023 (GM-PDS)

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BETWEEN:

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NIJA SHARANA AMBIGER CHOUDAYYANAVAR SANGH, NAKOOR (PU. K), JAMBAGI B.K. TQ: JAMKHANDI, DIST: BAGALKOT, REPRESENTED BY ITS SECRETARY, YALLAPPA MALLAPPA AMBI, AGE: 26 YEARS.

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…PETITIONER

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(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, BENGALURU, PIN-560001.

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THE DEPUTY COMMISSIONER, BAGALKOT, DIST: BAGALKOT, PIN-587102.

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GIRIJA A BYAHATTI

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Location: HIGH COURT OF KARANTAKA DHARWAD BENCH

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THE JOINT DIRECTOR, FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, BAGALKOT, PIN-587103.

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THE TAHASILDAR, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT, PIN-587103.

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RAMABAI SWA SAHAYA SANGH TAKKOD, REPRESENTED BY ITS PRESIDENT, AT: TAKKOD, TQ: JAMKHANDI, DIST: BAGALKOT, PIN-587103.

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…RESPONDENTS

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(BY SRI. PRAVEEN K. UPPAR, AGA FOR R1-R4; SRI. GANGADHAR S. HOSAKERI, ADV. FOR R5)

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2 - NC: 2024:KHC-D:10964 WP No. 100052 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 5/11/2022 IN NO. Aa Na Sa/Ho Nya Be Aum/ viva-29/2022-23 PASSED BY THE 3^RD RESPONDENT VIDE ANNEXURE A-E; TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO TAKE NECESSARY STEPS TO ISSUE AUTHORIZATION TO RUN FAIR PRICE SHOP IN FAVOUR OF THE PETITIONER BY CONSIDERING THE APPLICATION FILED BY THE PETITIONER AND BY CONSIDERING THE RECOMMENDATION MADE BY THE TAHASILDAR VIDE ANNEXURE- RESPECTIVELY.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)

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Heard the learned counsel for the petitioner, learned AGA for respondents No.1 to 4 and also learned counsel for respondent No.4.

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In this petition, prayer is sought to issue writ in the nature of certiorari to quash the impugned order dated 05.11.2022 in No.Aa Na Sa/Ho Nya Be Aum/viva-29/2022-23 passed by the 3^rd respondent vide Annexure-E and also to issue writ of mandamus directing the 3^rd respondent to take necessary steps to issue authorization to run fair price shop in favor of the petitioner by considering the application filed

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3 - NC: 2024:KHC-D:10964 WP No. 100052 of 2023

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by the petitioner and by considering the recommendation made by the Tahasildar vide Annexure-B.

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The main contention of the petitioner in this petition is that, the petitioner is a Society registered under the Karnataka Societies Registration Act, 1960. The 5^th respondent Sangha is registered under the Act on 27.09.2018 and the petitioner Society has applied for grant of authorization to run fair price shop on 14.02.2022. The 4^th respondent based on the report, forwarded the proposal to the 3^rd respondent and recommended to issue authorization in favour of the petitioner on the 04.08.2022. The 3^rd respondent has issued notification calling applications for grant of authorization to run fair price shop on 18.08.2022. Without proper verification of the records submitted by the petitioner, the 3^rd respondent rejected the claim of the petitioner on 05.11.2022. Hence the petitioner sought for an order to quash Annexure-E.

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4 - NC: 2024:KHC-D:10964 WP No. 100052 of 2023

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Learned counsel for the petitioner brought to the

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notice of this Court that serial No.1 in Annexure-E is pertaining to the petitioner and the reasons assigned for rejection is that, the petitioner is not registered under the Cooperative Societies Act, 1959 and not having the intention to distribute as per the byelaw. Further, the counsel appearing for the petitioner brought to notice of this Court the Certificate of Registration of Society available at page 22, stating that the petitioner Society is registered on 27 December, 2014. The counsel also brought to the notice of this Court the byelaws which provides for running the fair price shop and Annexure-E is against these two documents and hence prayed this Court to quash Annexure-E and direct the respondents to reconsider the same in terms of the representation of the petitioner.

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The learned counsel appearing for the 5^th respondent would submit that, the 5^th respondent is a Mahila

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5 - NC: 2024:KHC-D:10964 WP No. 100052 of 2023

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Swa Sahaya Sangh and hence preference is given to respondent No.5.

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Learned AGA appearing for respondent State would submit that, renewal of the registration is not done and also not submitted the report and books of accounts to the Society and hence the same has not been considered.

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Having heard the petitioner’s counsel and the counsel appearing for the respondents and also taking note of Annexure-E and the reason for rejection of the claim of the petitioner, in view of production of documents of Registration as well as the byelaws, wherein a provision is also made to run a fair price shop, and registration of Society is also found as there is a Certificate, it is appropriate to quash Annexure-E and the matter could be remanded to the concerned respondent, i.e., the 3^rd respondents to consider the matter afresh in keeping the documents of Certificate of Registration of Society

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6 - NC: 2024:KHC-D:10964 WP No. 100052 of 2023

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dated 27.12.2014 and the byelaws and whether the books of accounts is furnished to the Society and the same is renewed or not, and whether preference will be given to the petitioner or to the 5^th respondent, and the same could be done within a period of two months from today, from the date of receipt of copy of this order.

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The petitioner is directed to furnish copy of this order to the 3^rd respondent and from that date, two months time is granted to consider the representation of the petitioner and claim of the petitioner in accordance with law. Both the petitioner and also the 5^th respondent are directed to produce the documents before the 3^rd respondent for consideration of both the applications.

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Writ petition is allowed accordingly.

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gab CT-MCK List No.: 1 Sl No.: 58

Nija Sharana Ambiger v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Nija Sharana Ambiger v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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