Disposed

Fala Consumers Co. Operative Society Ltd. v. State of Karnataka

Karnataka HC12 Jul 2024WP/979/2024

Case brief

AI extract

What is this about?

Petitioners challenged an order via writ petition. The single judge observed rival allegations and stated an equal alternative remedy existed under the Food and Civil Supplies Control Ordinance. The petition was disposed of without expressing an opinion on merits, reserving liberty to appeal within six weeks with condonation of limitation.

What did the court decide?

The petition was disposed of without expressing an opinion on merits or rival contentions, reserving liberty for the petitioners to file an appeal/revision.

Fala Consumers Co. Operative Society… — Constitutional and Fundamental Rights | Karnataka HC (2024)

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1 - NC: 2024:KHC:26886 WP No. 979 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 979 OF 2024 (GM-PDS)

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BETWEEN:

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FALA CONSUMERS CO-OPERATIVE SOCIETY LTD., NO.96, 11^TH CROSS, SOMESHWARA NAGAR, SIDDAPURA, JAYANAGAR I BLOCK, BANGALORE- 560 011 REP. BY ITS SECRETARY KHALEEL AHMED, REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT 1959.

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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ANTONY CONSUMERS CO-OPERATIVE SOCIETY LTD., NO.18, 2^ND CROSS ROAD, NEAR GANESHA TEMPLE, DAYANANDA NAGAR, JAYANAGAR I BLOCK, BANGALORE -560 011 REP. BY ITS SECRETARY GANGADHAR, REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT 1959.

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AVS CONSUMERS CO-OPERATIVE SOCIETY LTD., NO.72, K.M. COLONY, LALBAGH, SIDDAPURA, JAYANAGAR I BLOCK,

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2 - NC: 2024:KHC:26886 WP No. 979 of 2024

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BANGALORE-560 011 REP. BY ITS SECRETARY SUBRAMANI, REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT 1959.

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AYAPPA CONSUMERS CO-OPERATIVE SOCIETY LTD., NO.380, GROUND FLOOR, 5^TH CROSS, DAYANANDA NAGAR, SIDDAPURA, JAYANAGAR I BLOCK, BENGALURU-560 011, REP. BY ITS SECRETARY SHIVAKUMAR REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT 1959.

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…PETITIONERS

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(BY SRI. SHIVARAMU H C., ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, GROUND FLOOR, VIKAS SOUDHA, BANGALORE -560 001

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THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, CUNNINGHAM ROAD, BANGALORE -560 052

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THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, SOUTH RANGE, BANGALORE -560 052

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NC: 2024:KHC:26886 WP No. 979 of 2024

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THE SECRETARY,

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BASAVANAGUDI WELFARE CONSUMERS CO-OPERATIVE SOCIETY LIMITED, BLS 256, FAIR PRICE DEPOT, KHAJI STREET, BANGALORE- 560 004.

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…RESPONDENTS

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(BY SMT. MAMATHA SHETTY, AGA FOR R1 TO R3; SRI. NAGARAJA N NAIDU, ADVOCATE FOR R4)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 26/12/2023 PASSED BY THE SECOND RESPONDENT IN NO. INR/DRA/AA/05/2023-24 AT ANNEXUREC AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this petition, petitioners seek following reliefs:

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i. Issue a writ of certiorari or Similar writ or order or direction to quash the impugned order dated 26.12.2.23 passed the second respondent in No.INR/DRA/Aa/05/2023-24 at Annexure-C;

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ii. Issue a writ of mandamus or any other appropriate writ or order or direction to

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4 - NC: 2024:KHC:26886 WP No. 979 of 2024

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the respondents deem fit in the circumstance of the case.

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A perusal of the material on record would indicate that there are several allegations and counter allegations made by the petitioners and respondent No.4 against each other in relation to the impugned order at Annexure-C passed by the respondent No.2. So also there are several rival contentions including disputed question of fact and law and issue regarding the limitation that arises for consideration in the present petition.

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However, having regard to availability to the equal efficacious and alternative remedy by way of appeal/revision under Sections 17 and 20 of the Karnataka Essential Commodities Public Distribution System (Control) Order 2017, without expressing any opinion on the merits and demerits of the rival contentions urged by both sides, I deem it just and proper to dispose of this petition reserving liberty in favour of the petitioners to take recourse such remedies as available in law including the

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5 - NC: 2024:KHC:26886 WP No. 979 of 2024

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filing an appeal/revision under Sections 17 and 20 of the said Act in accordance with law. If such, appeal/revision is filed within a period of six weeks from today, the petitioner would be entitled for the benefit of Section 14 of the Limitation Act.

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It is made clear that all rival contentions

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between the parties are kept open and no opinion is expressed on the same.

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Sd/JUDGE

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ASN List No.: 1 Sl No.: 7

Fala Consumers Co. Operative Society Ltd. v. State of Karnataka

Case brief

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Fala Consumers Co. Operative Society Ltd. v. State of Karnataka

Case brief

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