PUTTAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS in all these cases are hawkers operating in the State of Karnataka. Petitioners in these petitions are seeking for a direction to increase the present commission from 0. 30 ps. to Re. 1/- per litre in addition to allotment of 500 ration cards. They also seek for a writ of certiorari for quashing the order No. INR. DRA (S)148;2000-01 dt. 24-4-01 and consequent memorandum dt. 30-4-2001 on the following facts.

(2.) PETITIONERS state that they are holding a retail license for distribution of kerosene in the rationing area of metropolitan city of Bangalore and they have been provided licenses under the Karnataka Essential Commodities Licensing Order, 1986 and they are also allotted licenses for distribution under the public distribution system to ration card holders. The distribution of essential commodities are regulated in terms of public distribution system. The State Government has passed an order known as Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 in the matter of regulation of essential commodities including kerosene, rice, sugar, wheat, edible oil etc. The said order provides, for grant of authorisation by the authorised authority and also provides for obtaining an authorisation to run a fair price shop in terms of the system. The hawkers in terms of these provisions are to distribute kerosene to ration card holders residing in a specified area. Petitioners are licensed retailers and are selling kerosene in their respective shops in terms of their licenses. They subsequently were selling kerosene to card holders by way of push carts in terms of directions of Food and Civil Supply department. The wholesale dealer used to provide kerosene by way of quota system. Now the respondents have issued an order dt. 24-4-01 and subsequent order dt. 30-4-01 stating therein that in the absence of their having a shop for selling kerosene the cards issued to them would be withdrawn. Petitioners aggrieved by these orders are before this Court in these petitions seeking for a direction not to enforce the order dt. 24-4-01 and 30-4-01. In other connected petitions they have sought for a direction for increase in commission and also for an increase in number of cards.

(3.) PETITIONERS essential contention is that there is a policy change resulting in practical difficulties to the petitioners. Petitioners complain about their economic condition and say that the commission offered per liter as on today is 0. 30 Ps. which they want to be increased to Re. 1/- in these petitions.