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IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 18TH DAY OF MARCH 2013

BEFORE

THE HON’BLE MR.JUSTICE S.ABDUL NAZEER

WRIT PETITION Nos.13040-13057/2013 (GM-EC)

BETWEEN:

1. SRI MANJUNATHA INDUSTRIES NO.491, VILLAGE SRIRAMPURA EXTENSION, T.NARASIPURA TALUK BY ITS PARTNER H.M.CHANNABASAVARAJU AGED ABOUT 47 YEARS

2. SRI SRIKANTESHWARA RICE MILL OPP. TALUK OFFICE T.NARASIPURA-571124 MYSORE DISTRICT BY ITS PARTNER N.SRIKANTA PRASAD AGED ABOUT 42 YEARS

3. A.S.RICE INDUSTRIES T.NARASIPUR-TALAKAD ROAD CHOWHALLI, MUGUR HOBLI T.NARASIPURA TALUK MYSORE DISTRICT BY ITS MANAGING PARTNER K.MOHAMMED NASRULLA AGED ABOUT 57 YEARS

4. M.N.AGRO INDUSTRIES GARGESHWARI VILLAGE, T.NARASIPURA TALUK MYSORE DISTRICT BY ITS PARTNER K.MOHAMMED NASRULLA AGED ABOUT 57 YEARS

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5. MAHESH ENTERPRISES C/O BAG RICE MILL GARGESHWARI T.NARASIPURA TALUK MYSORE DISTRICT BY ITS PROPRIETRIX S.B.SUMA AGED ABOUT 32 YEARS

6. M/S PRAGATHI ENTERPRISES NO.3375, SRIRANGAPATNA ROAD -571101 T.NARASIPURA TALUK MYSORE DISTRICT BY ITS PROPRIETOR M.CHANDRASHEKAR BHAT AGED ABOUT 59 YEARS

7. M/S PRIYA ENTERPRISES NO.40/8A, SRIRANGAPATNA MAIN ROAD BANNUR-571101 T.NARASIPURA TALUK MYSORE DISTRICT BY ITS PARTNER M.DINAKAR BHAT AGED ABOUT 54 YEARS

8. K.A.R.ENTERPRISES YEDADORE VILLAGE GARGESHWARI POST T.NARASIPURA TALUK MYSORE DISTRICT BY ITS MANAGING PARTNER R.MOHAMED SAMIULLA AGED ABOUT 54 YEARS

9. DAWOODIA INDUSTRIES YEDADORE VILLAGE GARGESHWARI POST T.NARASIPURA TALUK MYSORE DISTRICT BY ITS MANAGING PARTNER R.MOHAMED KHALEELULLA AGED ABOUT 58 YEARS

10. SUDHAKAR RICE INDUSTRIES

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MYSORE ROAD, TIRUMAKUDALU T.NARASIPURA TALUK MYSORE DISTRICT BY ITS PROPRIETOR M.S.SUDHAKAR AGED ABOUT 53 YEARS.

11. FIRDOSE ENTERPRISES C/O BA RICE INDUSTRIES YEDADORE T.NARASIPURA TALUK MYSORE DISTRICT BY ITS PROPRIETOR RIAZ AHMED AGED ABOUT 57 YEARS

12. B.A.RICE INDUSTRIES YEDADORE T.NARASIPURA TALUK MYSORE DISTRICT BY ITS PARTNER RIAZ AHAMED AGED ABOUT 57 YEARS

13. SRI LAKSHMI ENTERPRISES NANJANGUD ROAD T.NARASIPURA TALUK MYSORE DISTRICT BY ITS PARTNER P.R.DEVENDRA GUPTA AGED ABOUT 51 YEARS

14. SRI GANAPATHI AGRO INDUSTRIES SANGAM ROAD, NANJANGUD TALUK MYSORE DISTRICT BY ITS PARTNER S.GANESH AGED ABOUT 51 YEARS

15. M/S MODERN INDUSTRIAL CORPORATION LONG LANE, URVA MANGALORE-575006 SOUTH CANARA DISTRICT BY ITS PARTNER U.SUDARSHAN MALYA

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AGED ABOUT 57 YEARS

16. SHIVADARSHAN AGRO INDUSTRIES GURUVAYAN KERE BELTHANGADY SOUTH CANARA DISTRICT BY ITS PARTNER VAMAN P.NAYAK AGED ABOUT 57 YEARS

17. SRI CHOWDESHWARI RICE MILL AND INDUSTRIES, NO.180 & 187 P.HOSAHALLI, BELAGOLA SRIRANGAPATNA TALUK DISTRICT BY ITS PARTNER C.V.SOMASHEKAR AGED ABOUT 53 YEARS

18. SRI SIDDESHWARA MODERN BINNY RICE MILL YACHENAHALLI T.NARASIPURA TALUK MYSORE DISTRICT BY ITS PARTNER Y.K.RAMESH AGED ABOUT 43 YEARS. .. PETITIONERS

(BY SRI T.BASAVARAJ, ADV.,)

AND:

1. UNION OF BY ITS SECRETARY MINISTRY OF FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS KRISHI BHAVAN, NEW DELHI-110001

2. THE STATE OF KARNATAKA BY ITS SECRETARY FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS VIKAS SOUDHA, BANGALORE-560001.

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3. THE COMMISSIONER FOOD AND CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPT., NO.8, CUNNINGHAM ROAD BANGALORE-560001.

4. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE -575001.

5. THE DEPUTY COMMISSIONER DAKSHINA DISTRICT MANGALORE-575001

6. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401. .. RESPONDENTS

(BY SRI KALYAN BASAVARAJ, ASG FOR R1 SRI R.B.SATYANARAYANA SINGH, HCGP FOR R2 TO R6)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND PROCEEDINGS OF THE CASE AND QUASH THE NOTIFICATION DATED 28.1.2013 ISSUED BY R2 VIDE ANNEXURE-G INSOFAR AS IT RELATES TO PADDY IS CONCEREND AND ETC.,

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING :

O R D E R

The petitioners have filed these writ petitions seeking the following reliefs :

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a) Issue writ of certiorari or any other appropriate writ or order quashing the Notification bearing No.FCS 36 RPR 2011 dated 28.01.2013 issued by the 2 nd respondent produced as Annexure-G in so far as it relates to paddy is concerned;

b) Issue a writ of mandamus or any other appropriate writ or order directing the 2 nd respondent to consider the representation dated 1.2.2013 given by the petitioners Association produced as Annexure-L to the writ petition.”

2. Learned counsel for the petitioners submit that the petitioners will be satisfied if the second prayer is granted for the present. In so far as challenge to the notification at Annexure-`G’ is concerned, the question may be kept open.

3. The submission of the learned counsel for the petitioners is placed on record. I direct the 2 nd

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Annexure-`L’ dated 1.2.2013 within a period of one

week from the date of receipt of copy of this order. Till

the disposal of the representation at Annexure-`L’, the

respondents 2 and 3 shall not take any precipitative

action in terms of the Notification at Annexure-`G’

insofar as the petitioners are concerned. Question

relating to the validity of the Notification at

Annexure-G is kept open.

Writ Petitions are accordingly disposed of. No costs.

Sd/- JUDGE

PB