KAMALAKSHI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner in W.P. No. 54653 of 2013 is before this Court seeking for issue of mandamus to direct the first respondent to consider the application filed by the petitioner dated 21-9-2010 pursuant to the notification dated 26-8-2010. The petitioner is also assailing the circular dated 8-8-2013 impugned at Annexure-F to the petition. The petitioner is stated to have responded to the notification dated 26-8-2010 through his application dated 21-9-2010 with regard to the grant of FDP point Which was notified in respect of various villages mentioned in the petition. The grievance of the petitioner is that though the respondents have granted the authorisation in favour of certain other villages, the application in respect of Yangalli Village with regard to which the petitioner has made the application has not been considered and finalised. The petitioner is also relying on certain reports made by the Tahsildar in that regard. It is 'in that circumstance, the petitioner contends that a direction is to be issued to the respondents to consider the application and finalize the same. In the meanwhile, since the circular dated 8-8-2013 is issued with a direction that initially the societies referred to therein should be invited to distribute the food grains, the said circular is also assailed.

(2.) In W.P. Nos. 2716 and 2717 of 2014, the petitioners are also seeking a similar relief with regard to the notification dated 8-8-2013. The learned Government Advocate on instructions from the officer who is present in the Court would submit that the process relating to the application that has been received pursuant to the notification dated 26-8-2010 is still under progress. It is stated that a survey was required to be conducted with regard to the persons holding BPL cards and in that circumstance, the applications have not yet been considered and disposed of. It is stated that if sometime is granted, the process of survey would be completed and thereafter, the applications would be considered.

(3.) Before adverting to the time that is required to be granted to the respondents and the manner in which the petitioner is required to be intimated thereafter, the validity of the circular dated 8-8-2013 (Annexure-F) in the instant petitions which is also the subject-matter in the connected petition requires to be determined. In this regard, the entire process relating to issue of notification and the applications to be invited is provided under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992. The process of notification and the applications received for authorisation and also the consideration of eligibility precedes the provisions made for the order of priority for grant of authorization which is contained in Clause 6 of the Karnataka Essential Commodities (Public Distribution' System) Control Order, 1992.