S.UDAYKUMAR Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The present intra Court appeal is filed under Sec. 4 of the Karnataka High Court Act, 1961, calling in question the order dtd. 9/11/2023, passed in W.P No.101690/2014, whereunder, the learned Single Judge dismissed the writ petition.

(2.) The relevant facts in a nutshell leading to the present appeal are that the Indiranagar Consumers' Cooperative Society, Ballari[Hereinafter referred to as the 'Society'], was an allottee under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992[Hereinafter referred to as the 'Control Order'], whereby, the Secretary of the Society was authorised to run a fair price depot/shop within its premises/godown at 25th ward, Indiranagar, Ballari, vide authorization dtd. 22/2/1994 and accordingly the Society was carrying on the activities of distribution of food grains, in terms of the said authorisation, which was being renewed periodically from time to time. That during a visit on 6/2/2007 to the fair price shop of the Society by the officials of the office of the Deputy Commissioner, Food Department, Ballari, noticing that the shop was closed, a notice was issued under Clause 4(3) of the Control Order. Consequent to an enquiry conducted by the 4th respondent/Deputy Commissioner, vide order dtd. 12/11/2007, the 4th respondent/Deputy Commissioner upon recording a finding that there was an irregularity in the records pertaining to the stocks, as also unsatisfactory distribution of material and complaints having been alleged by 22 customers, ordered for revocation of the said licence. Being aggrieved, the Secretary of the Society, preferred an appeal under Sec. 17(1) of the Control Order to the 3rd respondent/Commissioner. Vide order dtd. 17/12/2011, the appeal was dismissed by the Commissioner and the order dtd. 12/11/2007 passed by the Deputy Commissioner was affirmed. Being aggrieved, the Secretary of the Society preferred an revision before the Ministry of Department of Food and Civil Supplies. Vide order dtd. 8/11/2013, the said revision was dismissed and the order of the Deputy Commissioner dtd. 12/11/2007 was affirmed. Being aggrieved, the Secretary of the petitioner preferred W.P.No.101690/2014.

(3.) Learned Single Judge, noticing that in the enquiry the authorities have come to a conclusion about the irregularities of the Society in maintaining proper accounts regarding stock, sale, bills and unsatisfactory distribution of material, dismissed the writ petition. Being aggrieved, the present appeal is filed.