Judgment:
(Prayer: These Writ Petitions Are Filed Under Article 226 of the Constitution of India Praying To Quash The Order Dtd.8.8.2013 Issued By The R3 Vide Annex-E And Etc.)
(Prayer: This Writ Petition Is Filed Under Article 226 of the Constitution of India Praying To Issue A Writ Or Mandamus To The R1 To Consider The Application Filed By The Petitioner At Ann-B, Dt- 21.9.10 Pursuance To The Notification Dt.26.8.10, Issued By The Rl, Produced At Ann-A, In Terms Of The Report Submitted By The Thasildar, Chamarajanagar Tq. Chamrajanagar Dist. Dt. 13.2.2011 Produced At Ann-C 8and Ci Without Reference To The Circular Dt.8.8.13, Issued By The R2 At Ann-F.)
1. The petitioner in W.P.No.54653/2013 is before this Court seeking for issue of mandamus to direct the first respondent to consider the application filed by the petitioner dated 21.09.2010 pursuant to the notification dated 26.08.2010. The petitioner is also assailing the circular dated 08.08.2013 impugned at Annexure-F to the petition. The petitioner is stated to have responded to the notification dated 26.08.2010 through his application dated 21.09.2010 with regard to the grant of FDP point which -was notified in respect of various villages mentioned in the petition.
2. The grievance of the petitioner is that though the respondents have granted the authorization in favour of certain other villages, the application in respect of Yangalli Village with regard to which the petitioner has made the application has not been considered and finalized. The petitioner is also relying on certain reports made by the Tahsildar in that regard. It is in that circumstance, the petitioner contends that a direction is to be issued to the respondents to consider the application and finalize the same. In the meanwhile, since the circular dated 08.08.2013 is issued with a direction that initially the societies referred to therein should be invited to distribute the food grains, the said circular is also assailed.
3. In W.P.Nos 2716-2717/2014, the petitioners are also seeking a similar relief with regard to the notification dated 08.08.2013. The learned Government Advocate on instructions from the officer who is present in the Court would submit that the process relating to the application that has been received pursuant to the notification dated 26.08.2010 is still under progress. It is stated that a survey was required to be conducted with regard to the persons holding BPL cards and in that circumstance, the applications have not yet been considered and disposed of. It is stated that if some time is granted, the process of survey would be completed and thereafter, the applications would be considered.
4. Before adverting to the time that is required to be granted to the respondents and the manner in which the petitioner is required to be intimated thereafter, the validity of the circular dated 08.08.2013 (Annexure-F) in the instant petitions which is also the subject matter in the connected petition requires to be determined. In this regard, the entire process relating to issue of notification and the applications to be invited is provided under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992. The process of notification and the applications received for authorization and also the consideration of eligibility precedes the provisions made for the order of priority for grant of authorization which is contained in Clause 6 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992.
5. A perusal of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992 in its entirety would indicate that order of priority is provided in respect of the applicants who have responded to the notification calling for applications. If that be the position, when a notification is issued under the said Control Order, 1992, any of the societies who are interested may also respond to such notification by making their application. If such applications have been made and thereafter, while the authorities consider the same, the order of priority which has been provided in Clause 6 of the Control Order, 1992 would have to be followed. When the Rules have been framed and by the Control Order, 1992 the procedure has been contemplated, a circular to override the priorities which has been indicated therein by undoing the entire process of notifying the FDP points and calling for applications cannot be issued. The Control Order framed under the Act cannot be overridden by a circular providing for a different method of inviting the applications from the societies and stating that only if they do not intend to respond to such invitation the notification is to be made. The said circular is therefore without authority of law and the said procedure cannot be followed, as the same is not contemplated under the Karnatalr.a Essential Commodities (Public Distribution System) Control Order, 1992.
6. Hence, the circular dated 08.08.2013 is liable to be quashed, which is accordingly done. In that view of the matter, since it is already indicated that the applications received pursuant to the notification dated 26.08.2010 would be processed, the same shall be done by the respondents in an expeditious manner. However, taking note of any intervening circumstances that may arise, it would be appropriate that the first respondent shall take steps to secure survey to be completed as expeditiously as possible, but not later than two months from the date on which a copy of this order is furnished to the first respondent. If the same is not completed in such manner and if there is any legal impediment which prevents the first respondent from completing the process, the same shall be communicated to the petitioner from the office of the first respondent so that the petitioner can avail the appropriate remedies in that regard. However, it is made clear that while considering the applications, the same shall be done in the manner as provided under the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992.
In terms of the above, these writ petitions stand disposed of.