Karnataka High Court
Shri Aranya Siddeshwara ... vs The State Of Karnataka on 18 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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NC: 2023:KHC-D:9132-DB
WA No. 100266 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO. 100266 OF 2023 (GM-PDS)
BETWEEN:
SHRI. ARAYANA SIDDESHWARA PRATHAMIKA
KRUSHI PATTINA SAHAKARI SANGHA LTD.,
YELPARATI,
TQ: RAIBAG, DIST: BELAGAVI,
BY ITS PRESIDENT RAJU ICHALKARANGI.
...APPELLANT
(BY SRI SADIQ N. GOODWALA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
ROHAN FOOD AND CIVIL SUPPLIES DEPARTMENT,
HADIMANI VASANTH NAGAR, BENGALURU - 01.
T
Digitally signed 2. THE COMMISSIONER,
by ROHAN
HADIMANI T FOOD, CIVIL AND CONSUMER AFFAIRS
Date:
2023.08.22
DEPARTMENT,
11:01:23 -0700
CUNNINGHAM ROAD,
VASANTH NAGAR, BENGALURU-32.
3. THE DEPUTY COMMISSIONER,
BELAGAVI, DIST: BELAGAVI-590001.
4. THE JOINT DIRECTOR,
FOOD, CIVIL AND CONSUMER AFFAIRS
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WA No. 100266 of 2023
DEPARTMENT,
BELAGAVI, DIST: BELAGAVI-590001.
5. THE TAHSILDAR
RAIBAG, DIST: BELAGAVI-591317.
6. SRI BASVESHWAR PRATHAMIKA
KRUSHI PATTINA SAHAKARI SANGHA LTD.
YELPARATI,
TQ: RAIBAG, DIST: BELAGAVI-591317,
BY ITS SECRETARY.
7. SRI MALKARI SIDDESHWAR KRUSHI
PATTINA SAHAKARI SANGHA LTD., YELPARATI,
TQ: RAIBAG, DIST: BELAGAVI-591317.
BY ITS SECRETARY.
...RESPONDENTS
(BY SRI G.K. HIREGOUDAR, ADV. FOR RESP.NOs. 1 TO 5)
(BY SRI SANTOSH BIRANGI, ADVOCATE FOR RESP.NO. 6)
(BY SRI SHIVARAJ P. MUDHOL, ADVOCATE FOR RESP.NO. 7)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON'BLE
COURT TO, SET-ASIDE THE ORDER DATED 23.03.2023 PASSED
BY THE LEARNED SINGLE JUDGE IN W.P.NO.105125/2022 BY
ALLOWING THE APPEAL, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, S.R. KRISHNA KUMAR, J., DELIVERED THE
FOLLOWING:
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NC: 2023:KHC-D:9132-DB
WA No. 100266 of 2023
JUDGMENT
This intra Court appeal by the writ petition in Writ
Petition No.105125/2022 is directed against the impugned
order dated 23.03.2023 whereby, the said petition filed by
the appellant was dismissed by the learned Single Judge.
2. Heard learned counsel for the appellant and
learned counsel for respondent Nos.1 to 7.
3. The material on record discloses that the
appellant/ writ petitioner is aggrieved by the impugned
order dated 27.10.2022 passed by respondent No.4 who
sanctioned authorization in favour of private respondent
Nos.6 and 7 to run new fair price depots. In the writ
petition, the various contentions urged by the petitioner/
appellant were rejected by the learned Single Judge who
proceeded to dismiss the writ petition. It is the grievance of
the appellant that all the grounds and contentions urged in
the writ petition including the challenge to the impugned
notification permitting respondent Nos.6 and 7 to run the
fair price depots have not been properly and correctly
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WA No. 100266 of 2023
considered or appreciated by the learned Single Judge and
this has resulted in erroneous conclusion warranting
interference by this Court in the present appeal.
4. Per contra, learned counsel for respondent No.7
in addition to supporting the impugned order, has also filed
the memo enclosing two documents. So also, in the
present appeal, the appellant has produced additional
documents along with a memorandum of appeal.
5. A perusal of the material on record including
the impugned order would clearly indicate that apart from
the specific assertion of the appellant that the various
contentions urged by the appellant in the writ petition,
have not been considered or appreciated by the learned
Single Judge, the additional documents produced by both
the sides in the present appeal would also be relevant and
necessary for the purpose of adjudication of the issues in
controversy between the parties. Under these
circumstances, in order to provide one more opportunity in
favour of both parties to urge their respective contentions
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WA No. 100266 of 2023
before the learned Single Judge, without expressing any
opinion on the merits/ demerits of the rival contentions, we
deem it just and appropriate to set aside the impugned
order and remit the matter back to the learned Single
Judge for reconsideration afresh in accordance with law and
also to consider the additional documents produced by both
the sides in the present appeal. In the result, we proceed
to pass the following:
ORDER
(i) The appeal is hereby allowed.
(ii) The impugned order dated 23.03.2023 passed in
Writ Petition No.105125/2022 is set aside.
(iii) The matter is remitted back to the learned
Single Judge for reconsideration afresh in
accordance with law.
(iv) Liberty is reserved in favour of the respondents
to file statement of objections/ additional
statement of objections to the writ petition.
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WA No. 100266 of 2023
(v) Liberty is also reserved in favour of the
appellant/ writ petitioner to file rejoinder, if any,
in the writ petition.
(vi) Liberty is further reserved in favour of all the
parties to file additional documents in the writ
petition before the learned Single Judge.
All rival contentions and all aspects of the mater are
kept open and no opinion is expressed on the same.
Sd/-
JUDGE
Sd/-
JUDGE
RH
