Fair price shop proprietors challenged a State order directing installation of point of sale machines at their shops under Articles 226 and 227. The single judge found the identical issue already covered by a Division Bench order dismissing the same challenge and rejected the petition qua the installation.
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NC: 2024:KHC:8730 WP No. 25207 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. 25207 OF 2017 (GM-PDS)
BETWEEN:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. H N BASAVARAJU, ADVOCATE)
NC: 2024:KHC:8730 WP No. 25207 of 2017
AND:
…RESPONDENTS
(BY SRI. TIMMANNA BHAT, CGC FOR R-1; SRI. RAHUL CARIAPPA K.S., AGA FOR R-2 TO R-7)
NC: 2024:KHC:8730 WP No. 25207 of 2017
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DATED 13.4.2017 AND 5.5.2017 RESPECTIVELY ISSUED BY R-2 AT ANNEX-D AND E 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.
"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.
NC: 2024:KHC:8730 WP No. 25207 of 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.
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."
NC: 2024:KHC:8730 WP No. 25207 of 2017
point of sale machine in terms of the impugned order.
Sd/JUDGE
AP CT:TSM List No.: 1 Sl No.: 66.7
2 issues framed by the court
Should the State's direction to install point of sale (POS) machines at fair price shops be quashed?
Does the Division Bench order in W.P.No.21486/2017 covering the identical challenge dispose of this petition?
1 provisions across 1 enactments
H.L. Raghunath
P. Leela
M.K. Vijesh
Union of India
State of Karnataka
Commissioner for Food & Civil Supplies in Karnataka
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
