Oil Seeds Growers Coop society Niyamit, Nagarmunolli, Tq: Chikkodi, Dist: Belgaum v. Commissioner to issue fresh notification

(By Smt. Megha C. Kolekar, Government Adv. for R-1 to R-3; Sri S.S. Bawakhan, Adv. for R-4) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 17.3.2012 passed by the 1 respondent vide Annexure-H. This writ petition coming on for preliminary hearing this day, the Court made the following. Pursuant to the notification issued by the Deputy Commissioner inviting applications for distribution of essential commodities under Public Distribution System, the petitioner as well as Respondent No.4 and three others filed applications. The Deputy Commissioner on considering the material, granted permission in favour of the petitioner -3- herein. The said order was questioned by the fourth respondent before the first respondent under Rule-17(1) of the Public Distribution System Control Order, 1992. The first respondent on hearing, concluded that the notification issued by the Deputy Commissioner itself was defective and the documents produced by both the parties are doubtful and proceeded to set aside the order passed by the Deputy Commissioner and directed the Deputy Commissioner to issue fresh notification.

Note-(ii) of Rule-6 of Public Distribution System Control Order, 1992 stipulates the Deputy Commissioner should verify from the audited accounts of the last three years of the particular society for coming to the conclusion that the said society is financially sound. However, the Deputy commissioner while issuIng the notification had called for audited report of one year only and consequently the applicants have submitted the audit -4- report of only one year. But merely on the said technical reason, the whole process should not be set aside. Either the Deputy Commissioner or the first respondent should have themselves directed the parties to produce the audited accounts of previous three years in order to satisfy as to whether the petitioner’s society is financially sound or not. The certificate of the Karnataka Vikas Gramina Bank issued to the petitioner clearly reveals that the petitioner has Rs.1,1O,752-OO in the bank account. The bank clearly states that the said certificate may be used for any legal purposes. Therefore such certificate could not have been brushed aside lightly by the first respondent. Be that as it may, the first respondent shall once again verify the records personally of the petitioner respondent No.4 to satisfy himself as to whether they comply with all the requirements or not. It is also open for y.s — I -5- the petitioner and the fourth respondent to produce the relevant records before the first respondent in support of their case including the previous audited reports, rent note, receipt etc.,

If the entire process is set aside and the Deputy Commissioner is directed to proceed afresh by inviting applications, then the poor people at large will be put to hardship. Ultimately, the object of the Public Distribution System is to help the needy people and not benefit the suppliers foodgrains essential commodities. Therefore the first respondent ought to have considered the matter in the light of the object with which the system is formed.

Since there is no interim order before the first respondent against the petitioner herein and as there is an interim order in favour of the petitioner before this Court, the same will continue and consequently the petitioner shall be permitted to distribute the essential commodities till the orders to be passed by the first respondent. Petition is disposed of accordingly. The respondent shall decide the matter within four months from the date of this order. saP JUDGE