Karnataka High Court
Prathamik Krushi Pattin Sahakari Sangh ... vs The Joint Director on 6 August, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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NC: 2024:KHC-D:11124-DB
WA No. 100123 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO. 100123 OF 2024 (GM-PDS)
BETWEEN:
PRATHAMIK KRUSHI PATTIN SAHAKARI
SANGH NIYAMIT RAMPUR, AT. RAMPUR,
NOW CHANGED AS VIVIDODDHESH PRATHAMIK
GRAMEEN KRUSHI SAHAKAR SANGH NIYAMIT
RAMPUR, TALUK CHIKKODI, DIST. BELAGAVI,
REPRESENTED BY ITS SECRETARY,
PIN-591237
...APPELLANT
Digitally
signed by (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)
JAGADISH T R
Location: High
Court of
Karnataka AND:
Dharwad
Bench
1. THE JOINT DIRECTOR,
DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
AND CONSUMER AFFAIRS BELAGAVI,
DIST. BELAGAVI, PIN 590001.
2. THE TAHASHILDAR CHIKKODI,
TALUK CHIKKODI, DIST. BELAGAVI,
PIN 590001.
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NC: 2024:KHC-D:11124-DB
WA No. 100123 of 2024
3. SRI. BASAVESHWAR PRATHAMIK KRUSHI
PATTIN SAHAKARI SANGH NIYAMIT,
CHIKKAVAL, TQ: CHIKKODI,
DIST. BELAGAVI,
REPRESENTED BY ITS SECRETARY,
PIN-591301.
4. SHRI SHIVABASAV PRATHAMIK KRUSHI
PATTIN SAHAKARI SANGH NIYAMIT,
CHIKALAWAL, TQ: CHIKKODI,
DISTRICT. BELAGAVI,
PIN-591301.
...RESPONDENTS
(BY SRI. V. S. KALASURMATH, HCGP FOR R1 & R2;
SRI. SRINAND A. PACHHAPURE, ADV. FOR R3)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT
ACT, 1961, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE
ORDER DATED 08/02/2024 IN WP NO. 104715/2024 (GM-PDS)
PASSED BY THE HON'BLE SINGLE JUDGE AND TO ALLOW THE WRIT
PETITION BY ALLOWING THIS WRIT APPEAL IN THE ENDS OF JUSTICE
AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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NC: 2024:KHC-D:11124-DB
WA No. 100123 of 2024
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
This intra-Court appeal is filed by the unsuccessful
petitioner in Writ Petition No.104715/2022, whereby the
learned Single Judge of this Court disposed off the writ
petition declining to grant relief sought by the petitioner by
permitting respondent No.3 to temporarily supply food grains
to Chikkalwal Village till fresh licence is issued.
2. Sri.Shivaraj P.Mudhol, learned counsel appearing
for the appellant submits that the learned Single Judge has
committed error in assigning the 3rd respondent to temporarily
supply the food grains to the cardholders of Chikkalwal Village
of chikkodi Taluk. It is submitted that prior to the order dated
28.10.2022, the appellant himself was supplying the food
grains to the cardholders of the Chikkalwal Village, hence, the
same arrangement should be continued. It is further
submitted that the appellant has invested certain money and
made all arrangements to supply food grains at Chikkalwal
village and it would be convenient to everyone in that village,
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hence, to the said extent he seeks to set aside the impugned
order of the learned Single Judge.
3. Per contra, learned HCGP appearing for
respondents No.1 and 2 and Sri.Srinand A.Pachhapure,
learned counsel appearing for respondent No.3 in corus
submit that the appellant has no right whatsoever to make a
request to supply the food grains to Chikkalwal Village as it
was not on permanent basis, what was granted was only the
temporary authorization to supply the said food grains to the
said village, hence, it has no locus standi to maintain the writ
appeal. Hence, they seek dismissal of the appeal.
4. We have heard the arguments of the learned
counsel appearing for the appellant, learned counsel
appearing for the respondents and meticulously perused the
material available on record.
5. The material available on record indicates that the
appellant is the licencee of a fair price shop at Rampur Village.
The fair price licence issued to Chikkalwal Village was kept
under suspension from long time, hence, the authorities
taking note of the same have made temporary arrangement
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for supply of food grains by permitting the petitioner to supply
the food grains. The Official respondents have invited
applications from the eligible persons/societies for grant of
licence at Chikkalwal Village as per the notification dated
18.08.2022. Pursuant to the said notification the authorities
have passed an order dated 28.10.2022 according PDS licence
to the respondents No.3 and 4. Learned Single Judge taking
note of the aforesaid order has recorded the finding that 4th
respondent had not completed three years of business hence,
directed the 1st respondent to take necessary action to cancel
the licence if at all issued to the respondent No.4 and
thereafter take necessary action to issue fresh notification
inviting authorization in respect of second shop in Chikkalwal
Village. The learned Single Judge directed that, till a fresh
licence is issued, temporary arrangements to be made with
the 3rd respondent to supply food grains in that area until
fresh notification is issued and finalized.
6. Admittedly, the right claimed by the appellant to
distribute food grains to the card holders at Chikkalwal Village
was a temporary arrangement until the fresh notification was
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issued and authorization was granted. The records indicate
that the authorities have issued the notification and granted
authorization in favour of the 3rd and 4th respondents,
however, learned Single Judge has found fault with the
eligibility of the 4th respondent and directed the authorities to
take steps to cancel the licence issued in favour of the 4th
respondent and thereafter, directed to take necessary steps to
invite applications for authorization in respect of second shop
in the said village. Taking note of the fact that the 3rd
respondent is already supplying the food grains in respect of
one shop in the said village, the learned Single Judge has
directed to continue to supply the food grains to the remaining
areas till fresh notifications are invited and finalized. We do
not find any error or perversity in the finding recorded by the
learned Single Judge calling for the interference in this appeal.
7. The only ground urged by the appellant that he has
invested some money, hence, temporary arrangement to be
continued in his favour cannot be accepted as he has no right
to seek for continuation of supply of food grains at Chikkalwal
Village. We have also kept in mind that permitting the
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respondent No.3 to supply food grains to the remaining
cardholders temporarily would be in the interest of the
cardholders, as respondent No.3 already has a shop in the
said village and the interest of cardholders is the paramount
consideration. We are of the considered view that the
appellant being the authorised license holder of the fair price
shop at Rampur Village, has no right whatsoever to claim
distribution of food grains at Chikkalwal Village.
8. For the aforementioned reasons, we do not find
any merit in the present appeal. Accordingly, the same is
dismissed.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
RH/ct-an
