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2025 DAILYLAW 12384 (KAR)

MASHAK S/O ISHAK JAWALE v. THE DEPUTY COMMISSIONER AND ORS

WP/201376/2021 · 2025-07-01

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:3547 WP No. 201376 of 2021 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201376 OF 2021 (GM-EC) BETWEEN: MASHAK S/O ISHAK JAWALE, AGE: 40 YEARS, OCC: TRANSPORTATION BUSINESS, R/O ALAND, TQ. AND DIST. KALABURAGI. …PETITIONER (BY SRI. ARUNA P. CHAVAN, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER (FOOD AND CIVIL SUPPLIES), D. C. OFFICE, MINI VIDHAN SOUDHA, KALABURAGI-585102. 2. THE TAHASILDAR KALABURAGI, TAHASILDAR OFFICE, KALABURAGI-585102. 3. THE STATE OF KARNATAKA THROUGH UNIVERSITY PS KALABURAGI-585102. 4. THE FOOD INSPECTOR FOOD AND CIVIL SUPPLIES DEPT, KALABURAGI-585102. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3547 WP No. 201376 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS, ANY OTHER WRIT OR DIRECTION TO 1st RESPONDENT TO RELEASE THE VEHICLE IMMEDIATELY/FORTHWITH IN FAVOR OF THE PETITIONER TO ORDER THE RELEASE FOR INTERIM CUSTODY OF THE PETITIONER THE VEHICLE BEARING LORRY NO.KA-32 D-1835, ANNEXURE-D SEIZED UNDER CRIME NO.91/2020 OF UNIVERSITY P.S. AND THE PROCEEDINGS IN CASE NO.FOOD/EC/ACT.11.2020-21 UNDER SECTION 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, INITIATED BY THE 4TH RESPONDENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The writ petition is filed with the following prayers: “Issue a writ of mandamus, any other writ or direction to 1st respondent to release the vehicle immediately/forthwith in favor of the petitioner to order the release for interim custody of the petitioner the vehicle bearing Lorry No.KA-32 D-1835, Annexure-D seized under Crime No.91/2020 of University P.S. and the proceedings in Case No.FOOD/EC/Act.11.2020-21 under Section 3 and 7 of the Essential Commodities Act, initiated by the 4th respondent - 3 - HC-KAR NC: 2025:KHC-K:3547 WP No. 201376 of 2021 Issue any other appropriate writ, order or direction as this Hon’ble Court may deem fit to grant in the circumstances of the case.” Learned Additional Government Advocate upon instruction submits that the vehicle has been already released on 09.08.2021 and the writ has become infructuous. For the aforementioned reasons, the writ petition is hereby dismissed as having become infructuous. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 34 CT:SI