Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2685 WP No. 1531 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1531 OF 2025 (GM-FOR) BETWEEN:
C. K. MAHAROOF, S/O. KUNNIMAMMAD, AGED ABOUT 38 YEARS, RESIDING AT MEKURU HOSKERI VILLAGE, PALIBETTAPOST, VIRAJPET TALUK, KODAGU DISTRICT - 571 215 …PETITIONER (BY SRI. R.D. PANCHAM, ADVOCATE FOR SRI. R.K. MAHADEVA, ADVOCATE) AND:
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THE STATE OF KARNATAKA, RANGE FOREST OFFICER, VIRAJPET RANGE, VIRAJPET, KODAGU - 571 218.
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AUTHORIZED OFFICER AND DEPUTY CONSERVATOR OF FORESTS, VIRAJPET SUB-DIVISION, VIRAJPET, VIRAJPET TALUK, KODAGU DISTRICT - 571 218. …RESPONDENTS (BY SRI. SESHU V, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE Digitally signed by MAMATHA R Location: High Court of Karnataka
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NC: 2025:KHC:2685 WP No. 1531 of 2025 PETITION AND DIRECT THE AUTHORIZED OFFICER AND DEPUTY CONSERVATOR OF FORESTS, VIRAJPET SUB DIVISION, VIRAJPET / R-2 TO CONSIDER THE APPLICATION DATED 09.01.2025 FILED BY THE PETITIONER TO RELEASE THE SWARAZ MAZDA BEARING REG. NO. KA-12-A-5533 IN FOC NO. 10/2024-25 VIDE ANNX-A IN FAVOUR OF THE PETITIONER WITHIN 7 DAYS FROM THE DATE OF THE ORDER OF THIS HONBLE COURT AND FURTHER DIRECT THE RESPONDENT POLICE TO RELEASE THE SAID VEHICLE WITHOUT INSISTING BANK GUARANTEE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for both the respondents.
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Learned counsel for the petitioner submits that Co- ordinate Benches of this Court have passed orders such as the one found at Annexures-B, C, D and E where it has been held that the authorities cannot insist on furnishing bank guarantees for release of the vehicles. However, the learned Additional Government Advocate submits that no such information is placed on record to show that the respondents have called
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NC: 2025:KHC:2685 WP No. 1531 of 2025 upon the petitioner to furnish bank guarantee. The writ petition is therefore disposed of with a direction to the 2nd Respondent to consider the application filed by the petitioner for release of the vehicle in forest offense FOC No.10/2024-25, having regard to the judgments of this Court where it has been held that there is no need to furnish bank guarantee for release of the vehicles. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 12 CT: BHK