- 1 - NC: 2025:KHC:16553 WP No. 25805 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25805 OF 2015 (GM-EC) BETWEEN: 1. M/S. PATANJALI FOODS LIMITED FORMERLY KNOWN M/S. RUCHI SOYA INDUSTRIES LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1965 AND HAVING ITS REGISTERED OFFICE AT NO.514, TULSIANI CHAMBERS NARIMAN POINT, MUMBAI - 400 021 AND REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. AJAY MALIK …PETITIONER (BY SRI. K.P. CHANDRASHEKAR REDDY, ADVOCATE) AND: 1. APPELLATE AUTHORITY STATE MINISTER FOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS VIKASA SOUDHA BANGALORE - 560 001 2. THE DEPUTY COMMISSIONER DHARWAD DISTRICT DHARWAD - 580 001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16553 WP No. 25805 of 2015 3. THE DEPUTY DIRECTOR FOOD CIVIL SUPPLIES & CONSUMER AFFAIRS DHARWAD - 580 001 4. THE ASSISTANT DIRECTOR FOOD CIVIL SUPPLIES & CONSUMER AFFAIRS DHARWAD - 580 020 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 06.03.2015 IN APPEAL NO.FCS88.ECA.2013 ISSUED BY THE R-1 VIDE ANNX-A, DIRECT THE RESPONDENTS TO RELEASE THE BANK GUARANTEE BEARING NO.19081GFIN002113 ISSUED BY THE UCO BANK, MAFATLAL CENTER BRANCH, MUMBAI DATED 06.12.2013 WHICH IS EXTENDED FROM TIME TO TIME, PROVIDED AS SECURITY FOR THE GOODS RELEASED AGAINST ISSURANCE OF THE BANK GUARANTEE BEARING NO.19081GFIN002113 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs:- - 3 - NC: 2025:KHC:16553 WP No. 25805 of 2015 Wherefore, it is most respectfully prayed that this Hon'ble Court may be pleased to:- a) Issue a writ in the nature of certiorari or any such or other writ, order or direction quashing the impugned order dated 06.03.2015 in Appeal No.FSC.88.ECA.2013 issued by the Respondent No.1 vide Annexure-A b) Issue writ in the nature of mandamus directing the Respondents to release the Bank Guarantee bearing No.19081GFIN002113 issued by the UCO Bank, Mafatlal Centre Branch, Mumbai dated December 6, 2013 which is extended from time to time, provided as security for the goods released against issuance of the Bank Guarantee bearing No.19081GFIN002113. c) Grant costs and such other and further relief as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interests of justice and equity. 2. The contention of the petitioner is that the impugned order at Annexure-A has been passed by respondent No.1 without taking into consideration the date of applicability of notification vide S.O.2320(E). 3. His submission is that the notification as regards the storage capacity which had been issued on 08.11.2012 was in furtherance of S.O. 2320(E) dated 27.09.2012 but however the same came into effect only from 01.10.2012 insofar as the petitioner is concerned the inspection in terms of Annexure-P was conducted on 26.09.2012 prior to S.O 2320(E) coming into force from 01.10.2012. - 4 - NC: 2025:KHC:16553 WP No. 25805 of 2015 4. The submission of the learned counsel for the petitioner is borne out by the letters in as much as the inspection having occurred on 26.09.2012 and the quantity of edible oil and edible seeds found at the location of the petitioner was in excess than that prescribed in the notification dated 08.11.2012 issued in furtherance of S.O 2320. Infact as on 26.09.2012 neither the S.O. 2320 was issued nor the notification dated 08.11.2012 was issued as such, the quantity prescribed under 8.11.2012 in terms of the embargo under S.O 2320 would not have been applicable to the petitioner, as such, I pass the following:- ORDER a) Writ Petition is allowed. b) A CERTIORARI is issued the impugned order dated 06.03.2015 in Appeal No.FSC.88.ECA.2013 passed by respondent No.1 at Annexure-A is hereby quashed. c) A Mandamus is issued directing respondents to release the Bank guarantee, if any submitted by the petitioner to the respondents which is stated to have been extended from time to - 5 - NC: 2025:KHC:16553 WP No. 25805 of 2015 time by the petitioner within a period of 30 days from the date of receipt of the copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE VS CT-SG List No.: 1 Sl No.: 23