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2025 DAILYLAW 25962 (KAR)

MAHILA JANA SEVA SANGHA (REGD) v. THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES

WP/15473/2021 · 2025-01-25

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:3372 WP No. 15473 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 15473 OF 2021 (GM-PDS) BETWEEN: MAHILA JANA SEVA SANGHA (REGD.,) NO.37/6, 15TH CROSS, MAGADI ROAD, BANGALORE-560 023. REPRESENTED BY ITS SECRETARY. …PETITIONER (BY SRI. H.C.SHIVARAMU., ADVOCATE) AND: THE DEPUTY DIRECTOR OF FOOD AND CIVIL SUPPLIES, WEST RANGE, BANGALORE-560 001. …RESPONDENT (BY SRI. MAHANTESH SHETTAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.H.C.Shivaramu., counsel for the petitioner and Sri.Mahantesh Shettar., AGA for the respondent have appeared in person. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3372 WP No. 15473 of 2021 2. The short facts are these: The petitioner was granted with an authorization to run the Fair Price Depot at Shop No.BLW 130, 9th Cross, Door No.2, K.P.Agrahara, Magadi Road, Bangalore in the year 2004-05. It is said that the premises in which FPD point was run by the petitioner was in dilapidated condition and hence, the petitioner requested the authority to make alternative arrangement temporarily till the petitioner gets new premises in the same locality. It is contended that the moment the petitioner got new building, it made a representation to the authority concerned for renewal of authorization and sought for restoration of the same to run the FPD at new premises. However, the respondent refused to renew/ restore the authorization. Under these circumstances, having left with no other alternate and efficacious remedy, the petitioner has filed the captioned Writ Petition under Article 226 of the Constitution of India. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 3 - NC: 2025:KHC:3372 WP No. 15473 of 2021 4. The facts are sufficiently said and do not require reiteration. The issue revolves around a narrow compass and relates to rejection of renewal/ restoration of authorization in favor of the petitioner. It is not in dispute that the petitioner requested to make an alternate arrangement. However, the competent authority merged MJSS Branch-II with MJSS Branch-I and refused to renew/ restore the authorization. This is untenable. As already noted above, the petitioner had sought for alternate arrangement till it gets new premises. However, without making alternate arrangement, the authority concerned merged the two branches. Moreover, the MJSS Branch-II was already allotted to the petitioner. Hence, the merger is bad. The petitioner contended that as of today it has got new premises to run FPD Point. Hence, this Court deems it proper to direct the respondent to renew / restore the authorization of MJSS Branch-II in favor of the petitioner by restoring the ration cards and allotment of food grains in accordance with the law. 5. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 26