An education society challenged food and civil supplies notifications and circulars requiring compliance conditions for renewal of its licences, seeking certiorari and mandamus to renew licences without those conditions. Counsel submitted the petition had been rendered infructuous, and the High Court dismissed it as infructuous.
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:51587 WP No. 31419 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31419 OF 2017 (GM-PDS)
BETWEEN:
ALMAS EDUCATION SOCIETY REP BY ITS SECRETARY, SRI SHARIFF, S/O ABDUL REHMAN, AGED ABOUT 55 YEARS, R/AT NO.22, 2ND CROSS, OLD PENSION MOHALLA, MYSORE ROAD, BANGALORE -560018 BLS NO.-52
…PETITIONER
(BY SRI. NAGARAJ N NAIDU.,ADVOCATE)
AND:
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
BANGALORE-560054
…RESPONDENTS
(BY SRI. HARSHA P BANAD.,ADVOCATE FOR R1; SRI. A.C. BALARAJ., GA FOR R2 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION IN THE NATURE OF WRIT TO QUASH THE NOTIFICATION ISSUED DTD.18.6.2012 BEARING NO. AANASA/36/AANASA/2011, BANGALORE, ISSUED BY THE R-2 VIDE ANNEX-C AND CIRCULAR DTD.26.12.2012 BEARING NO. AANASA/42/AANASA/42/AANASA/2012, BANGALORE VIDE ANNEX-D CIRCULAR DTD.21.2.2017 BEARING NO. FCS/17/RRS/2011, VIDE ANNEX-E THE COMMUNICATION DTD.27.5.2017 BEARING NO. CFS/PD/IV/20/2017-18 ISSUED BY THE R-2 VIDE ANNEX-F, AND NOTICE DTD.14.6.2017 BEARING NO. INR/DRA/NAVIKARANA/2016-17 ISSUED BY THE R-4 VIDE ANNEX-G RESPECTIVELY AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:51587 WP No. 31419 of 2017
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
“WHEREFORE, it is respectfully prayed that this Hon’ble Court may kindly be pleased to issue of Writ of CERTIORARI or any other order or direction in the nature of writ.
i. Quash the notification issued 18.06.2012 bearing No.AaNaSa/36/AaNaSa/2011, Bangalore, issued by the 2nd respondent, Vide ANNEXURE-C and circular dated:26.12.2012 bearing No.AaNaSa/42/AaNaSa/2012, Bangalore Vide Annexure-D, circular dated 21.02.2017 bearing No.FCS/17/RRS/2011, vide ANNEXURE-E, the communication dated 27.05.2017 bearing No.CFS/PD/IV/20/2017-18 issued by the 2nd respondent, vide ANNEXURE-F , and notice dated:14.06.2017 bearing No.INR/DRA/Navikarana/2016-17 issued by the 4th respondent vide ANNEXURE-G respectively.
ii. Declare that the notification dated:18.06.2012 bearing No.AaNaSa/36/AaNaSa/2011, Bangalore, issued by the 2nd respondent, Vide ANNEXURE-C and circular dated:26.12.2012 bearing No.AaNaSa/42/AaNaSa/2012, Bangalore Vide ANNEXURE-D, circular dated 21.02.2017 bearing No.FCS/17/RRS/2011, vide ANNEXURE-E issued by the 2nd Respondent are ultra vires of the power of the 2nd Respondent/State Government to the provisions of Section 5 of the Essential Commodities Act 1955 and Section 24 of the National Food Security Act, 2013 as void and hit by Article 14 of the Constitution of India.
iii. Issue a Writ of MANDAMUS directing Respondent Nos.4 to 6 to renew the licences of the Petitioner
without insisting the compliance of the Government Orders dated:18.12.2012 & 26.12.2012 vide ANNEXURE-C & D .
SD/(SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 75
1 issue framed by the court
Whether the notification and circulars restricting renewal of fair price shop licences were ultra vires the Essential Commodities Act and National Food Security Act.
2 provisions across 1 enactments
Almas Education Society rep by its Secretary, Sri Shariff
The Union of India by its Secretary, Ministry of Food Public Distribution, System and Consumer Affairs
The State of Karnataka, by its Secretary for Food and Civil Supplies, Consumer Affairs & Legal Metrology Department
The Commissioner for Food and Civil Supplies
The Additional Director for Food and Civil Supplies
The Deputy Director for Food and Civil Supplies, Bangalore East & South Range
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
