[Public Distribution System] Irregularity In Distributing Grains Is Serious Mischief Warranting Cancellation Of License: Karnataka High Court
The Karnataka High Court has said that allegations against a Fair Price shop owner of distributing the food grains at the higher rates than the prescribed rates, certain card holders not receiving the food grains and not issuing bills after distributing the essential commodities, are serious in nature and the action by authorities in cancelling the authorisation is sustainable. A...
The Karnataka High Court has said that allegations against a Fair Price shop owner of distributing the food grains at the higher rates than the prescribed rates, certain card holders not receiving the food grains and not issuing bills after distributing the essential commodities, are serious in nature and the action by authorities in cancelling the authorisation is sustainable.
A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi dismissed an appeal challenging the order of the Single judge bench of the court which upheld the decision of the authorities to cancel the authorisation granted to run a fair price shop to one V.M. Sanjeevaiah.
On 22.07.2008, the Deputy Commissioner (Food), Ramanagara had issued the show cause notice to the petitioner. Initially, the petitioner denied the allegations and submitted his reply. The Deputy Commissioner found that the reply was not satisfactory, he himself conducted the enquiry and at the time of enquiry, the original petitioner admitted the allegations made against him namely, non-supplying of the food articles. Therefore, the Deputy Commissioner cancelled the licence granted in favour of the original petitioner.
The main argument of the appellants (legal heirs of Sanjeevaiah) was that the nature of allegations are not very serious.
However the High Court said,
"The aim and object of the public distribution scheme is to see that the beneficiaries, who are either below poverty line or economically weaker section members, receive the food grains and other articles such as Kerosene at a fixed price and such members are attached to the fair price shop. Non-supply of food grains and other articles such as Kerosene is a very serious mischief because it deprives the card holders from the basic amenities. Therefore, we are unable to find any error in the order passed by the learned Single Judge."
Rejecting the contention of the appellants that a Committee was constituted by the State Government to consider the grievances of the card holders and the card holders could have approached the said committee, the bench said, "This ground is now urged before this Court but the same has not been urged before the learned Single Judge. Hence, there is no reason for us to entertain - 8 - this ground as the same is not a part of the appeal nor part of the grounds in the petition filed before the learned Single Judge."
Accordingly it dismissed the appeal.
Case Title: V.M. Sanjeevaiah & others v. The Deputy Commissioner (Food) & others
Case No: Writ Appeal no 761 of 2022.
Citation: 2022 LiveLaw (Kar) 513
Date of Order: 01-12-2022
Appearance: I SHIVARAMU H.C, Advocate for appellants; Rajashekar, AGA for respondents.
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