Cheeranahalli Milk Producers Vs State of Karnataka

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT NO. 3 TO CARRY OUT THE DIRECTION ISSUED BY THE SECOND RESPONDENT DATED 21.04.2025 IN HIS

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NC: 2025:KHC:34633 WP No. 18856 of 2025

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HC-KAR

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COMMUNICATION NO FSD/FFD/CR-13/2018-19 AT ANNEXURE M DIRECTING THE RESPONDENT NO.5 TO HAND OVER ANGANWADI CENTRE AT HARANAHATI VILLAGE COMING WITHIN HIDAGOOR PANCHAYAT, C.S.PURA HOBILI, GUBBI TALUK, TUMKUR DISTRICT IN TERMS OF THE CERTIFICATE DATED 22.08.2022 ISSUED BY THE RESPONDENT NO.5 AT ANNEXURE-G; ISSUE WRIT OF MANDAMUS TO THE RESPONDENT NO.2 IN THE ALTERNATIVE TO CONSIDER THE REPRESENTATION DATED 24.03.2025 SUBMITTED BY THE PETITIONER AT ANNEXURE K3 AND ALSO THE REPRESENTATION DATED 15.05.2025 SUBMITTED BY THE CARD HOLDERS OF VODDARAHATTI AND KURUBARAHATTI VILLAGE PRODUCED AT ANNEXURES M1 AND M2 PERMITTING THE PETITIONER TO START RUNNING THE FAIR PRICE DEPOT IN THE PREMISES OF THE PETITIONER BUILDING AT CHEERANAHALLI VILLAGE ITSELF WHICH IS MORE CONVENIENT TO THE TWO VILLAGERS OF KURUBARAHATTI AND VODDARAHATTI AS THERE IS NO APPROACH ROAD TO NARANAHALLI VILLAGE FORTHWITH.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:34633 WP No. 18856 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioner admittedly has succeeded in getting authorization to run a Fair Price Depot at Naranahalli Village, C.S. Pura Hobli, Gubbi Taluk, Tumakuru District, and this is as against a rival claim by a Milk Producers Co-operative Society from Naranahalli Village. The petitioner has approached this Court in WP No. 14407/2023 contending, amongst others, that the Joint Director of Food and Civil Supplies, Tumakuru District is not sharing login credentials to begin the distribution of food grains in terms of the authorization.

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This Court has disposed of this petition by

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the order dated 28.11.2024, and this Court’s order in its material part reads as under:

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"The learned Additional Government Advocate for the respondents, upon receiving instructions, submits that the request of the petitioner, in light of

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5 - NC: 2025:KHC:34633 WP No. 18856 of 2025

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HC-KAR

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the order passed by respondent No.2 granting authorization, will be considered in accordance with the law if reasonable time is granted.

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Therefore, it is expedient to dispose of the petition, directing respondent No.2 to provide the login/permission to the petitioner to distribute food grains to the public under the public distribution system, in accordance with the order dated 24.03.2023 passed by respondent No.2. The said exercise shall be completed within a period of four weeks from the date of receipt of the certified copy of this order. "

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The petitioner has filed this petition

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relying upon an Endorsement issued by the fifth respondent [ the Panchayath Development Officer, Hidagoor Village Panchayath ], and the petitioner seeks directions to the respondents to hand over a portion of the Anganwadi Centre at Naranahalli Village, or in the alternative, direct the respondents to consider modifying the authorization to run the Fair Price Depot at Cheeranahalli village for the benefit of Kurabarahatti and Vaddarahatti villages.

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NC: 2025:KHC:34633 WP No. 18856 of 2025

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HC-KAR

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4. Sri Shivaramu H.C., the learned counsel

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for the petitioner, submits that the respondents are creating hurdles for running the Fair Price Depot in terms of the authorization notwithstanding this Court's order because of the rival claim by another Milk Producers Co-operative Society from Naranahalli. The learned counsel submits that this particular Milk Producers' Co-operative Society has prevailed upon the landlords to cancel the lease and upon the fifth respondent against handing over possession of a portion of the Anganwadi Centre notwithstanding the earlier Endorsement dated 22.08.2022, and that unless the petitioner has premises within Naranahalli, it cannot run Fair Price Depot.

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5. Sri Shivaramu H.C. also seeks orders on

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the alternative prayer as aforesaid. Ms. K.P.

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Yashoda, the learned Additional Government Advocate, and Ms. Jyothi Y.K., who appears for Sri

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NC: 2025:KHC:34633 WP No. 18856 of 2025

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HC-KAR

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A. Nagarajappa [ the learned counsel for the fifth respondent ] are heard for disposal of the petition in the light of the afore canvass on behalf of the petitioner.

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This Court is of the opinion that the authorization issued to the petitioner cannot be frustrated, and the very purpose of issuing such authorization [ for the benefit of the villagers from Naranahalli] would be defeated. Further, the fifth respondent has acknowledged that the petitioner could be accommodated temporarily within a portion of the Anganwadi Centre at Naranahalli Village. If the petitioner can establish the Fair Price Depot with all the facilities, it should be able to operate the authorization serving the purpose for which it is issued.

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This Court is also of the opinion that

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vested interests cannot prevail and obstruct the mechanism that should benefit those who avail the

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8 - NC: 2025:KHC:34633 WP No. 18856 of 2025

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HC-KAR

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facilities from a Fair Price Depot. In the

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circumstances of the case, the benefit will be when the third respondent takes the initiative, identifies a portion within the Anganwadi Centre at Naranahalli Village and ensures that the petitioner has requisite premises in this property for at least one year and within that period, the petitioner must alternative arrangement notwithstanding the reasons that could be. However, there cannot be any direction insofar as the alternative request is concerned as every aspect must be considered by the authorities and it cannot be considered at the instance of one entity. In the light of afore, the following:

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ORDER

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[a] The petition is disposed of directing the second respondent to take all such measures as would be necessary over the next six weeks to identify a portion within the Anganwadi Centre at Naranahalli village and ensure that the petitioner has a suitable place

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NC: 2025:KHC:34633 WP No. 18856 of 2025

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HC-KAR

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within this property for establishing a Fair Price Depot and operating the authorization. The third respondent shall file a report into this Court within eight weeks.

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[b] Upon the third respondent ensuring that the petitioner has access to the premises as aforesaid, the Joint Director of Food and Civil Supplies, Tumakuru District, Tumakuru [the second respondent] shall ensure that the petitioner is issued with necessary credentials to begin operations and this shall be done within two weeks from the date of receipt of a report from the third respondent.

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SD/(B M SHYAM PRASAD) JUDGE

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NV

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List No.: 2 Sl No.: 18

Cheeranahalli Milk Producers v. State of Karnataka

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Cheeranahalli Milk Producers v. State of Karnataka

Case brief

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