AZEEM ULLA KHAN Vs. DEPUTY COMMISSIONER, KOLAR DISTRICT

JUDGEMENT

(1.) THIS petition, though listed for hearing on interlocutory application for stay, with the consent of learned Counsel for the parties, is finally heard and disposed of by this order.

(2.) PETITIONER , having responded to a tender for transport of essential commodities, issued by the Deputy Commissioner under the Essential Commodities Act, 1955, (for short 'Act') was the successful bidder, leading to acceptance of his offer followed by issue of a work order to transport essential commodities from the godown of Food Corporation of India, at Malur to Public Distribution System Centres, at Mulabagal, a distance of 64 kilometers by road. It is said that petitioner when entrusted with 697 bags of wheat of 50 kgs each, at the godown of Food Corporation of India, Malur, on 09.04.2014 to be transported to Public Distribution System Centres, at Mulabagal, the motor vehicles used by the petitioner for the said purpose, when intercepted being unauthorized, the Food Inspector noticed that the vehicles had deviated by not traversing via Kolar, but via Hosakote leading to their seizure together with contents, and a criminal case registered for under Section 3 and 7 of the Act. Thereafterwards on petitioner's application, the vehicles were released.

(3.) IT is the allegation of the petitioner that the Deputy Commissioner, not noticing the fact that the contract was for transport of essential commodities, nevertheless, assuming it to be an "authorization" falling within the definition of the said term under clause 2[c] of the Karnataka Essential Commodities [Public Distribution System] Control Order, 1992 [for short 'Control Order'] held an enquiry and by order dated 31.5.2014 Annexure -A, cancelled the tender granted in favour of the petitioner; blacklisted the petitioner and imposed a fine of Rs. 7,42,305/ -. Hence this petition.