Case Note & Summary
The petitioner, S. Balakrishna Reddy, claimed to be the adopted son of B.V. Varada Reddy, who was running a Fair Price Shop (FPS) at Boyanahalli Village and died on 29.01.1998. The petitioner applied on 12.06.1998 to the Deputy Commissioner, Kolar District, for transfer of the FPS authorization to his name on the ground of adoption. The Deputy Commissioner issued a notification dated 31.08.1998 inviting applications for grant of authorization, to which the 4th respondent, S. Srinivasaiah, applied. The petitioner appealed to the Commissioner for Food, Civil Supplies and Consumer Affairs, who by order dated 20.03.1998 allowed the appeal and set aside the notification. The petitioner then filed W.P.No.34856/2000 seeking direction to the Deputy Commissioner to dispose of his application. The writ petition was disposed of on 10.11.2000 directing the Deputy Commissioner to consider the petitioner's application. The Deputy Commissioner, by order dated 30.12.2000, rejected the petitioner's application. The petitioner filed an appeal before the Commissioner, who by order dated 28.02.2001 allowed the appeal and directed the Deputy Commissioner to grant authorization in favour of the petitioner. The 4th respondent challenged this order before the Secretary, Food & Civil Supplies, who by order dated 10.10.2011 set aside the Commissioner's order and remitted the matter for fresh consideration. The petitioner challenged the Secretary's order in the present writ petition. The court found that the Secretary's order was passed without affording an opportunity of hearing to the petitioner and without assigning any reasons, thus violating principles of natural justice and the requirement of a speaking order. The court quashed the order dated 10.10.2011 and directed the Secretary to reconsider the matter afresh after affording an opportunity of hearing to all parties and passing a reasoned order within three months.
Headnote
A) Administrative Law - Natural Justice - Speaking Order - Cancellation of Authorization - The order dated 10.10.2011 passed by the Secretary, Food & Civil Supplies, cancelling the petitioner's authorization to run a Fair Price Shop was set aside as it was passed without affording an opportunity of hearing to the petitioner and without assigning any reasons, violating principles of natural justice and the requirement of a speaking order. (Paras 6-8) B) Essential Commodities Act - Fair Price Shop Authorization - Transfer on Adoption - The petitioner claimed to be the adopted son of the deceased FPS holder and sought transfer of authorization. The Deputy Commissioner's notification inviting fresh applications was set aside by the Commissioner. The Secretary's subsequent order cancelling the authorization was quashed for non-application of mind. (Paras 2-5)
Issue of Consideration
Whether the order passed by the 1st respondent cancelling the authorization of the petitioner to run the Fair Price Shop is sustainable in law, having been passed without affording opportunity of hearing and without assigning reasons.
Final Decision
The writ petition is allowed. The order dated 10.10.2011 passed by the 1st respondent is quashed. The matter is remitted to the 1st respondent for fresh consideration, after affording an opportunity of hearing to all parties, and to pass a reasoned order within three months from the date of receipt of a copy of this order.
Law Points
- Natural Justice
- Speaking Order
- Non-application of Mind
- Fair Price Shop Authorization
- Karnataka Essential Commodities (Public Distribution System) Control Order
- 1992
