GOPAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant herein has challenged the order of learned Single Judge passed in W.P.No.202488/2019 dtd. 15/10/2020, which writ petition came to be dismissed solely on the ground of the alleged delay of more than six years in filing the writ petition.

(2.) The summary of the factual matrix of the case which made the present appellant to approach this Court by filing the above mentioned W.P.No.202488/2019 was the cancellation of his authorisation for distributing the food grains and other essential commodities by running a Fair Price Shop. Admittedly, based upon the complaint received against the petitioner (appellant herein) in a Jana Spandana Programme arranged at Sindol village, an enquiry was conducted by the Tahsildar, Bidar. The said Tahsildar submitted a report dtd. 13/11/2009 before the first respondent herein. Said first respondent suspended the authorisation granted in favour of the appellant under the provisions of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 (hereinafter for brevity referred to as the 'Control Order') vide order dtd. 23/12/2009. The appellant challenging the said order dtd. 23/12/2009, filed an appeal under Rule 17 (1) of the Control Order before the present third respondent i.e., the Commissioner, Food and Civil Supplies and Consumers Business Department, Bengaluru. The said appeal came to be disposed of by the order of third respondent dtd. 23/3/2010. Though the operative portion of the order stated that the appeal had stood rejected, however, in fact, the matter was remanded to the first respondent to give sufficient opportunity to the present appellant and pass a considered order within ninety days of the order passed by the Commissioner.

(3.) Heard the submissions of learned counsel for the appellant on admission. Perused the entire memorandum of appeal.