GOVINDA RAJU Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) THE petitioner belongs to scheduled caste and he is having an authorisation to run the fair price depot at Vokkodi Village. A show cause notice was issued by the Deputy Commissioner why an alternative arrangement should not be made in regard to 261 card-holders out of 281 cards assigned to the petitioner. The above show cause notice was issued on the ground that out of 281 cards assigned to the petitioner's shop, 261 card-holders were not willing to purchase kerosene and food grains from the petitioner. Therefore, the petitioner being aggrieved by the order passed by the Deputy Commissioner, had filed an appeal before the Director of Food and Civil supplies. The Director of Food and Civil Supplies by his order dated 17-7-2006 allowed the appeal and the order passed by the Executive Officer of the Taluk Panchayat was set aside. Thereafter, the petitioner requested the authorities to permit him to lift the food grains to supply the same to the card-holders. But the request made by the petitioner has ended in vain. Therefore, the present petition is filed requesting this Court to issue a writ of mandamus directing the respondents to comply with the order passed by the Director of food and Civil Supplies dated 17-7-2006 in appeal No. 5/2006-2007.

(3.) THE Deputy Commissioner has filed the counter stating that since the villagers were not buying the food grains from the fair price shop of the petitioner and in order to maintain law and order situation, the present order has been passed and he further submits that as per Annexure-R1 dated 18-11-2006 the deputy Commissioner has directed the tahsildar to withdraw the cards from the petitioner and assign the. same to the V. S. N. N. Bugudanahalli. Therefore, the learned Government Advocate submits in view of the subsequent order dated 28-11 -2006 passed by the Deputy Commissioner, Tumkur, the present petition does not survive for consideration and requests the Court to dismiss the petition.