MANJUNATH T N Vs. DY COMMISSIONER MYSORE

JUDGEMENT

(1.) PETITIONER is a resident of thamrahalli, Periyapatna Taluk and he is a disabled person. According to him, he was under the impression that the Deputy Commissioner would notify to grant authorisation under the provisions of the karnataka Essential Commodities (Public distribution System) Control Order, 1992 (PDS) and he was intending to make an application for grant of authorisation. The deputy Commissioner, Mysore has invited applications to grant authorisation to run a fair price depot at Honnenahalli village as per Annexure-C dated 13-8-2004. This notification is called in question by the petitioner contending that the deputy Commissioner cannot reserve fair price shop of any village either in favour of the Scheduled castes or Scheduled Tribes persons.

(2.) I have heard the counsel for the petitioner and government pleader for the respondent.

(3.) ACCORDING to the learned Government pleader, the petition filed by the petitioner is not maintainable. It is also the case of the government that proviso to Cl. 6 of the PDS control Order, envisages to reserve minimum 15% in favour of the persons belong to Scheduled Castes and 5% in favour of scheduled Tribes by the Deputy commissioner annually. Therefore, he contends that the Deputy Commissioner is right in reserving the fair price shop in question in favour of Scheduled Castes person.