Petitioners challenged a Government Order mandating POS machine installation at fair price shops. Single Bench held the issue was already decided by a Division Bench and rejected the petition unanimously by analogy.
Petition rejected; direction to install POS machine upheld.
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.
NC: 2024:KHC:8729 WP No. 23976 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23976 OF 2017 (GM-PDS)
BETWEEN:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:8729 WP No. 23976 of 2017
BANGALORE RURAL DISTRICT. REP BY ITS SECRETARY, SRI SOMASHEKAR AGED ABOUT 38 YEARS SHOP NO.078.
NC: 2024:KHC:8729 WP No. 23976 of 2017
DEVANAHALLI TALUK BANGALORE RURAL DISTRICT REP BY ITS SECRETARY SRI NAGANNA AGED ABOUT 55 YEARS SHOP NO.088.
BANGALORE RURAL DISTRICT REP BY ITS SECRETARY, SRI SRINIVAS AGED ABOUT 52 YEARS SHOP NO.081.
…PETITIONERS
(BY SRI. NAGARAJA N. NAIDU, ADVOCATE)
AND:
NC: 2024:KHC:8729 WP No. 23976 of 2017
…RESPONDENTS
(BY SRI. RAHUL CARIAPPA K.S., AGA FOR R-1 TO R-6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DATED 4.2.2017 VIDE ANNEX-C PASSED BY THE R-1 AND GOVERNMENT ORDER DATED 07.4.2017 PASSED BY THE R-1 VIDE ANNEX-D AND ORDER DTD.31.5.2017 ISSUED BY THE R-5 VIDE ANNEX-G AND ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioners have called in question one solitary act on the part of the State of installation of point of sale (P.O.S.) machine in terms of an order dated 11.05.2017. The installation of machines is what is called in question as primary challenge in this petition.
NC: 2024:KHC:8729 WP No. 23976 of 2017
matter awaiting submissions made on the part of the petitioners. On 19.02.2024, this Court has passed the following order:
"List these matters on 01.03.2024 for further hearing.
It is made clear that no further adjournment would be granted in the matters, as the learned Additional Government Advocate submits that the issue stands covered by an order passed by the Division Bench in W.P.No.21486 of 2017 dated 03.07.2017.
Interim order, granted earlier, if subsisting if any of these cases, shall stand extended till the next date of hearing."
"This is a writ petition challenging direction to install POS machine at the fair price shops in the wake of rampant duplicate ration cards found in the urban and the rural areas.
NC: 2024:KHC:8729 WP No. 23976 of 2017
2. We do not find any mala fide in the intention of the authorities in introducing the POS machines in the fair price shops.
3. The writ petition stands dismissed.
4. There will be no order as to costs."
and the challenge being the same, the petition would not merit any consideration.
point of sale machine in terms of the impugned order.
Sd/JUDGE
AP CT:TSM List No.: 1 Sl No.: 66.6
2 issues framed by the court
Whether the Government Order directing installation of POS machines in fair price shops merited challenge on constitutional grounds in light of a prior Division Bench order.
Whether mechanical installation of POS machines without mala fides constitutes a valid subject of writ challenge.
Colour shows how this judgement treated each authority
Division Bench order dated 03.07.2017Distinguished¶60
W.P. No. 21486 of 2017
Reshme Belegarara Seva Sangha Government Fair Price Shop and others
The State of Karnataka
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
