JAYASHEELA STORES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The validity of the Circular dated 28/1/2010 issued by respondents 4 and 5 vide Annexure-F is questioned in these writ petitions.

(2.) Petitioners submit that they are the owners of private book depots. Selling the books is the principal trade and that is the source of their livelihood. Up to the last academic year, the petitioners and similarly situated certain owners of the book depots were given a permission/licence to sell the textbooks, printed and published by the State Government for Standards I to X. Under the impugned circular, the petitioners and similarly placed persons are prohibited from distributing/selling the textbooks prescribed by the State Government for Standards I to X. According to the petitioners, imposition of such prohibition through the impugned circular issued by respondents 4 to 5 is without any source of power and without authority of law. They further contended that the decision as spelled out in the circular infringes Articles 19(l)(g) and 21 of the Constitution of India.

(3.) The State Government has opposed the writ petitions by filing the statement of objections. 4. It is necessary to extract Section 3(H)(4) of the Act, which is relevant for the purpose of this case. The same is as under: