S.V. PATIL Vs. COMMISSIONER AND APPELLATE AUTHORITY OF FOOD AND CIVIL SUPPLIES AND DEPT. OF CONSUMER AFFAIRS

JUDGEMENT

(1.) The petitioner, physically challenged person, had the authorisation issued under the Karnataka Essential Commodities (PDS) Control Order, 1992 (for short, 'the Control Order'), to run a fair price depot at Kudrimani Village, Taluk & District, Belgaum. Said authorisation having been suspended on 28.04.2012 vide Annexure-A, by respondent No.2, in exercise of the power under subclause (2) of Clause 12 of the Control Order, was questioned by filing an appeal before the 1st respondent. By an order dated 23.05.2012, as at Annexure-B, appeal was allowed in part, respondent No.2 was directed to grant reasonable opportunity of hearing to the petitioner and decide the matter within a period of 60 days and the interim order granted earlier, staying the operation of order of suspension was continued. 2nd respondent having not decided the appeal within the period allowed and the card holders of the fair price depot having represented, the 1st respondent, vide order dated 29.11.2012, as at Annexure-C, having recalled the order passed on 23.05.2012 and upheld the order dated 28.04.2012 of respondent No.2, this writ petition was filed, to quash the orders as at Annexures A and C.

(2.) Sri Sunil S. Desai, learned advocate, contended that the 1st respondent, exercising quasi-judicial power, having decided the appeal, vide order as at Annexure-B and the Control Order having not conferred any power of review or recall, has acted arbitrarily and illegally in passing the order, as at Annexure-C. He contended that the impugned order being null and void is liable to be quashed.

(3.) Smt. K. Vidyavathi, learned AGA and Sri R.M. Kulkarni, learned advocate for respondent No.3, on the other hand submitted that the order as at Annexure-A having merged in the order as at Annexure-B, which was not assailed by the petitioner, there cannot be any challenge to the same in this petition. They made submissions in support of the order as at Annexure-C and sought dismissal of the writ petition.