SAKAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner herein is aggrieved by the order dated 18-11-1996 passed by the respondent-Commissioner and director of Food and Civil Supplies, Bangalore, as the Appellate authority under Clause 17 (1) of the Karnataka Essential commodities (Public Distribution System) Control Order, 1992 (hereinafter referred to as 'p. D. S. Control Order') whereunder she has directed the respondent-Deputy Commissioner to consider the rival claims of the petitioner and the fourth respondent seeking authorisation in terms of the P. D. S. Control order for running fair price depot.

(2.) IT appears that, in terms of the Control Order, applications were invited for grant of authorisation for running a fair price depot at Kemprayanahalli village. In pursuance thereof, the present petitioner and the fourth respondent had filed their applications. The respondent-Deputy Commissioner, after considering the eligibility of the said applicants, granted authorisation in favour of the petitioner. The said order was challenged by the 4th-respondent before the respondent-Commissioner who has passed the impugned order directing reconsideration of the respective cases of the petitioner and the 4th respondent.

(3.) CLAUSE 6 of the P. D. S. Control Order sets out the rule of priority for grant of authorisation for wholesalers as well as the fair Price Depots. Sub-clause (1) (b) of the said clause which provides for a priority rule for grant of authorisation in respect of fair price depots was substituted by a notification dated 3rd december, 1994. The amended provisions reads as under :