IN THE HIGH COURT!' OF KARHATAKA AT RARGALORE Dated this the 28"' day of August, 2008 BEFORE Z TI-IE Hozrnw am. JU3'!'l(}£ 1: ~ Writ Petition No. 2934 of:-.2_Q_8 BETWEEN: Sri M Krishna Raddy Aged about 49 years Son of Munivcnkala Rcdt.1y~..V_ Residing at Cheilapalli Viiiagh _ V A 'A Kolar District ;.=Petitioner _ as Misrtiay, Advocate) AED; 1 The " V"§'5."1153b";B1Ta]ii}c.. %%%%% " ~ Kola)' *DisV1rJzs;_t 2 1" ' -- C.'-omznissioner Kolar Thefitmmmiaaioner for Food and " I Lialivflwsupplies » _ Road ' Baxzgalore VJ %:3j 4~ The Hon'bh: Minister for Food and Civil Supplies Govt. of Karnataka Vidhana Soudha Bangalore -- 560 001 x/" 5 Sr: Krishna Major Son of Venkatappa 6 311 V. Devamj Major S/o Venkataramanappa . Both am residing at Cheliapalli Village Mu1abagalTaIuk V ; _ _ Kolar District ~ 1 (3; 5:1 as - a) This Writ hi 225 and 227 of the Constitm§ion_"z3f" quash the impugned endorsement riaté:r11'.;?~9--:30fl7', issuecljby the reepomient~2, at Thiérwrit for p1t:hmm' ' my heanng' this day, the C3otj1't__ made' 'following: ..... B Q E B has chalicngcd in this Writ Petition A31-n k«X'ii1'C" -35 7.9.2007 I816'? 1111' 8 the wquest of the ' 'pctifioifier the authozizativon granted for distribution of E 2. The petitioner was grantod an authorkmation to -Ldistribute essential commodities to than Iatrlon mtiholders at Chellapam Village. A licence caznc to be issued on 31.12.1937. g R/ He has been distributing the fbod items fog" the f In 1996 the Gmrcmmcnt of Kaxnamka 'w called MMS to distribute rice to me Petitioner was directed to dis:a~21;ute 3 kga student. Petitioner contends in' 'KfE£!>I1S_VOf in: was distributing rice to submitted a report atating 1%-V"not distrfiuting the rice to the siuégfiis. 2104370: came to be issued 1*2mo. He filed his rcpiy. Hawevcriyifié suspension by an order daéi-'-.1 Tim said oniar was challcngad 21:53? "i*h§ by pxefcning an appeal bcfaC$'jyg-...i_;},';r€ third mpondent. The order of aside and the matter was remanded to the 3¢::ac:¢2"1.::'¢ii 1we:§~i1)A§ii:§4iV.¥.'i:fV1t with a dam ' n to dispose of the entire ' biiattex: .' "V fwo months. Aficr such Iemmd an mticr 08.1116 on 4.10.2000 cancelling the Eccnce. Petitioner an appeal against the said order in Appeal No. " before the third respondent which came to be
‘4 V dismissed on 9.7.%OI. Aggieved by the same he preferred a
V
nzvision before the Hoxfbk Mixfmter for Food and
in Fcs No.64/2001 which also mm: tyne =
the said orders he pzcfcned a Wzit
W.P.No. 26771/2063. The wag 313:5}: %be %
‘ ‘ afi1mmg- -‘ the ‘ .
Hmaeevcr, in the end this licence pcxiod hm also is only subject to a f on such
51 fa:fm;§§§g;. it is that mpmm taticm
which is mdorsentent. mm’ by
« the lmrncd counsel for the @1165.’
.’ A i – er mmtcmdfi though this Ocsurt pe:umtt’ ed
to consider the mpreatmtation and gut
u “licence, the authmifics i%aIiy rejected his mqsuwt
” thatinflxc mrhierpxnoendingtheomciaexspassed
‘ afitmmi.
5. I do not see any nmxét in the atbmsaid ocmtenfion.
6. Four authmitics ooncurxenfly have ‘
pctiticmcr who has been granted ailth{)M1j’:fl:&’Ei£?I}\’ ” ‘V 4
the students, aficr lifting rice from {he Ahfgé
not distributnd rice to the The. >
is clearly established. 30 the stands
cstabnama. Once the against the
pefitioner standsAV’cstab]i§g1;;f;:;”Aw,_ he made a
representation to distribute, it
cannot be should not have
btben rcpmsentation. The
authoritigs. in mjecting his request
having _1§:ga1ti”to ihcV ‘p16ve£i i:1isoonduct on his part in misuse
Aof’*u*;»~”tVhc school gmn’ g chm nan. ‘Ihemfom, I
“dLo_fi:;:a; «mm: in this petition. Ac:corclmgly’ , it is
Sd/vi
Judge
f as