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2025 DAILYLAW 30854 (KAR)

MAHESH BABU B v. THE STATE OF KARNATAKA

WP/19953/2025 · 2025-07-08

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24769 WP No. 19953 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 19953 OF 2025 (GM-FOR) BETWEEN: MAHESH BABU B S/O BABU AGED ABOUT 37 YEARS, RESIDING AT VELIMPARAMBU, PUNNAPRA POST, ALAPPUZHA, KERALA - 688 004. …PETITIONER (BY SRI. R.K. MAHADEVA, ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY AUTHORIZED OFFICER AND DEPUTY CONSERVATOR OF FOREST, HUNSUR, MYSURU DISTRICT - 571 105 …RESPONDENT (BY SRI. RAHUL CARIAPPA, AGA) 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 FORESTS, HUNSUR/ RESPONDENT TO CONSIDER THE APPLICATION DATED 14.05.2025 FILED BY THE PETITIONER TO RELEASE THE LORRY BEARING REG. NO. KL-04-AS-0119 IN FIR IN FOC NO. 13/2024-25 VIDE Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24769 WP No. 19953 of 2025 ANNEXURE-A IN FAVOUR OF THE PETITIONER WITHIN 7 DAYS AND FURTHER DIRECT THE RESPONDENT TO RELEASE THE SAID VEHICLE WITHOUT INSISTING FOR BANK GUARANTEE 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 MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has sought for a direction to the respondent to consider the application dated 14.05.2025 filed seeking release of Lorry bearing Reg. No.KL-04-AS- 0119 which was seized in connection with FIR in FOC No.13/2024-25 vide Annexure-A. 2. It is the stand of the respondent - State that still orders are to be passed on the application of the petitioner under Section 71(A) of the Karnataka Forest Act. 3. Further, learned counsel for the petitioner submits that the normal practice of insisting on furnishing a Bank - 3 - HC-KAR NC: 2025:KHC:24769 WP No. 19953 of 2025 guarantee ought not to be followed in light of the orders passed in W.P.No.11491/2025 and similar orders passed by this Court. 4. In light of the limited prayer, the application of the petitioner at Annexure-A to be decided expeditiously while keeping in mind law laid down in W.P.No.11491/2025 and similar matters wherein orders are passed to the effect that the Authority is not to insist on furnishing of bank guarantee while may impose other reasonable conditions. Accordingly, the petition is disposed off. 5. The application of the petitioner at Annexure-A to be disposed off within a period of 15 days. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 2 Sl No.: 7 CT: BHK