Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:18209 WP No. 11491 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MAY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 11491 OF 2025 (GM-FOR) BETWEEN:
MAHAMMED ANEESH, S/O ABDUL RAHIMAN, AGED ABOUT 30 YEARS, RESIDING AT NO. 5-120/2, HIRTHADKA HOUSE, UPPINANGADY, DAKSHINA KANNADA - 574 241. …PETITIONER (BY SRI. MAHADEVA R.K, ADVOCATE) AND:
1. STATE OF KARNATAKA BY RANGE FOREST OFFICER, KUSHALANAGAR RANGE, KUSHALANAGAR, KODAGU DISTRICT - 571 234. 2. AUTHORIZED OFFICER AND DEPUTY CONSERVATOR OF FORESTS, MADIKERI DIVISON, MADIKERI, KODAGU DISTRICT - 571 216. …RESPONDENTS (BY SRI. DEVARAJ C.H, GOVT. ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE PETITION AND DIRECT THE AUTHORIZED OFFICER AND DEPUTY CONSERVATOR OF FOREST MADIKERI/R-2 TO CONSIDER THE APPLICATION DATED 11.04.2025 FILED BY THE PETITIONER TO RELEASE THE LORRY BEARING REG NO. KA 70
Digitally signed by SWAPNA V Location: High Court of Karnataka
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NC: 2025:KHC:18209 WP No. 11491 of 2025
4867 IN FIR IN FOC NO. 12/2024-25 VIDE ANNX-B IN FAVOUR OF THE PETITIONER WITH IN 7 DAYS AND FURTHER DIRECT THE R-2 TO RELEASE THE SAID VEHICLES WITHOUT INSISTING FOR BANK GUARANTEES AND BY ACCEPTING THE SURETIES FROM THE DATE OF THE ORDER OF THIS HONBLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
Petitioner has approached this court seeking issuance of a writ in the nature of mandamus directing respondent No.2 to consider the application dated 11.04.2025 produced as per Annexure-B seeking release of the lorry in question to his custody. 2. Heard Mr.Mahadeva R.K., learned counsel for the petitioner and Mr.Devaraj C.H., learned counsel for the respondents. 3. It is the contention of the learned counsel for the petitioner that he is the owner of the lorry bearing registration No.KA70-4867, which was seized in FOC No.12/2024-25 as per Annexure-B and the petitioner has
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NC: 2025:KHC:18209 WP No. 11491 of 2025
submitted an application requesting respondent No.2 to consider release of the vehicle. 4. Learned Additional Government Advocate for respondents has no objection to allow the writ petition directing respondent No.2 to consider the representation dated 11.04.2025. Hence, the following:
O R D E R (i) Petition is allowed.
(ii) Respondent No.2 is directed to consider the application made on 11.04.2025 produced as per Annexure-B within two weeks from the date of communication of this order. (iii) Respondent No.2 is at liberty to impose reasonable conditions on allowing the application but without insisting for furnishing bank guarantee. Sd/- (M G UMA) JUDGE
SS List No.: 1 Sl No.: 63 CT: BHK