M/S SHRI BRAHMANANDASAGAR JAGGERY INDUSTRIES v. THE DEPUTY COMMISSIONER (FOOD)
WP/108643/2025 · 2025-12-03
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62086 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62086 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:17189 WP No. 108643 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108643 OF 2025 (GM-RES)
BETWEEN:
M/S SHRI BRAHMANANDASAGAR JAGGERY INDUSTRIES, A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF THE INDIAN PARTNERSHIP ACT, 1932, HAVING REGISTERED OFFICE AT 150/6, GOKAK ROAD, ALAGAVADI, HARUGERI, RAIBAG TALUK, BELAGAVI DIST-591317, R/BY ITS PARTNER MR. MAHAVEER J. ASKI. …PETITIONER (BY SRI. SHIVARAJ.C.BELLAKKI AND SRI. NEERAJ SASTRY, ADVOCATES)
AND:
1.
THE DEPUTY COMMISSIONER (FOOD) D.C.COMPOUND, BELAGAVI-590001.
2.
TEHSILDAR, RAIBAG DISTRICT, BELAGAVI-590001.
3.
UNION OF INDIA THROUGH ITS SECRETARY, NORTH BLOCK, NEW DELHI-110001. …RESPONDENTS (BY SRI. GANGADHAR J.M., AAG FOR R1 AND R2;
SRI. VENKATESH M.KHARVI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND/OR SUCH OR OTHER WRIT OR ORDER QUASHING THE IMPUGNED
ORDER DATED. 15.11.2025, BEARING NO. C¥ÀÆ«/¨É¼ÀUÁ«/R.¯ÉÊ/«ªÀ-3/2025-26 ISSUED BY RESPONDENT NO.1 (ANNEXURE-A) AND ETC.
CHANDRASHEKAR LAXMAN KATTIMANI Location:
HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD
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HC-KAR NC: 2025:KHC-D:17189 WP No. 108643 of 2025
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)
1. Heard the learned counsel appearing for the petitioner and learned Additional Advocate General appearing for respondents No.1 and 2.
2.
Learned counsel appearing for respondent No.3- Union of India is not present before the Court.
3. Writ Appeal No.100115/2025 is filed assailing the
order dated 07.02.2025 passed in Writ Petition No.107316/2024 C/w Writ Petition Nos.100295/2025.
4. In terms of order in Writ Appeal No.100115/2025, Writ Petition No.107316/2024 was dismissed and Writ Petition No.100295/2025 was allowed.
5. Writ Petition No.107316/2024 was filed to implement the orders dated 30.05.2023 and
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HC-KAR NC: 2025:KHC-D:17189 WP No. 108643 of 2025
21.10.2023. Writ Petition No.100295/2025 was filed challenging the order dated 04.01.2025.
6. Since Writ Appeal No.100115/2025 was allowed, the order in Writ Petition No.100295/2025 is set- aside and consequently, said Writ Petition is allowed and the order dated 04.01.2025 is set-aside; the
order in Writ Petition No.107316/2024 is set-aside and said Writ Petition is dismissed.
7. The present Writ Petition is filed challenging the
order dated 15.11.2025 issued by respondent No.1, which has the genesis in the
order dated
04.01.2025.
8. It is not disputed by the parties to the proceeding that order dated 04.01.2025 is set- aside in terms of the
order passed in Writ Appeal No.100115/2025. Under these circumstances, the petition has to be allowed.
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HC-KAR NC: 2025:KHC-D:17189 WP No. 108643 of 2025
9. It is brought to the notice of this Court that when the writ petition was pending, the Court directed the Central Government Officials to make Spot Inspection of the property. That order was deferred and the Spot Inspection is not yet made till today.
10. Since it is admitted that the order is passed as an interim measure during the pendency of the present writ petition and given the fact that the present petition is allowed by setting aside the order dated 15.11.2025 as the said order was based on the
order dated 04.01.2025, the
order dated 20.11.2025 need not be given effect to.
11. Hence, the following:
ORDER i. The writ petition is allowed.
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HC-KAR NC: 2025:KHC-D:17189 WP No. 108643 of 2025
ii. The impugned order dated 15.11.2025 issued by respondent No.1 at Annexure-A, is quashed.
Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- Ct:vh List No.: 1 Sl No.: 48