H SADANANDA SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The question that arises for consideration in these series is the competency of Zilla Parishad/s and its/their officers to deal with the distribution of essential commodities and consequential grant/variation of licence issued to run fair price depots.

(2.) This issue arises in the context of revocation/variation of Licence/s by Zilla Parishad/s or its/their officers granted in some cases by the Deputy Commissioner/ Tahsildar under the Karnataka Essential Commodities Licensing Order, 1986 (hereinafter referred to as '.he 'Licensing Order'). In some cases, variation/cancellation/suspension of licence granted by the Zilla Parishad/s itself by its Officers are questioned.

(3.) There is no unanimous view on the powers of the Zilla Parishad. Sri N. Devadas, learned High Court Government Advocate, appearing for some of the Zilla Parishads, traced the source of power of Zilla Parishad to Section 182 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal Panchayats and Nyaya Panchayats Act, 1983 (hereinafter referred to as the 'Act') coupled with Government Order No. FTD/148/DRA/86, dated 26-3-1987 by which Government has entrusted Public Distribution Scheme to Zilla Parishads. Sri Somayaji, learned High Court Government Pleader, appearing for some of the Zilla Parishads, contended that grant of licence and such other incidental matters are still governed by the Licensing Order, but only contract is entered into with Zilla Parishad for due enforcement of terms and conditions of a licence. Likewise some of the petitioners also contend that there is no conferment of power on Zilla Parishad or on its officers to deal with licence; some concede power of Zilla Parishad but dispute power of its Officers. This controversy is due to (i) dichotomy of powers and (ii) dual pattern adopted in making the essential commodity available to public.