- 1 - HC-KAR NC: 2025:KHC-D:18218 WP No. 109596 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109596 OF 2025 (GM-EC) BETWEEN: DILEEP KUMAR S/O. RAMAMURTHY T S ALIAS KRISHNA R, AGE. 48 YEARS, OCC. BUSINESS, R/O. 5TH CROSS, MAHALAXMI LAYOUT, CHALLAKERI TOWN, TQ. CHALLAKERI, DIST. CHITRADURGA-583131 …PETITIONER (BY SRI. MANOJ N. BIKKANNAVAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER VIJAYANAGAR DISTRICT, HOSAPETE-591305. 2. FOOD INSPECTOR KUDLIGI TALUKA OFFICE KUDLIGI VIJAYANAGAR-591305. 3. STATION OFFICER HOSALLI POLICE STATION, KUDLIGI TALUK, VIJAYANAGAR-591305. 4. KANDASWAMI S/O. KAVERAPPA AGE. 48 YEARS, OCC. DRIVER, R/O. 1/59, KORANAMMAPATI VILLAGE, ADPPADI TQ,SELUM DISTRICT, TAMILNADU-636105. List No.: 1 Sl No.: 293 Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:18218 WP No. 109596 of 2025 5. BASAVARAJ S/O. DURGAPPA AGE. 42 YEARS, OCC. LABOURER, R/O. HOSALLI VILLAGE, KUDLIGI TQ., VIJAYANAGAR DISTRICT-591305. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED ORDER DATED 26.04.2022BEARING NO. AANASA4/EC/67/2021-22 PASSED BY 1ST RESPONDENT I.E DEPUTYCOMMISSIONER VIJAYANAGAR PRODUCED AT ANNEXURE- D IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking for the following prayer: a. Issue a writ of certiorari quashing the order dated 26.04.2022 bearing no.AaNaSa4/EC/67/2021-22 passed by 1st respondent i.e Deputy Commissioner, Vijayanagar produced at Annexure- D in the interest of justice and equity. b. Issue a writ of mandamus directing the 1st respondent authority to pay the amount equivalent of the auctioned goods in the interest of justice and equity. c. Grant such other and further reliefs as are just even including the costs of this petition in the interest of the justice and equity. - 3 - HC-KAR NC: 2025:KHC-D:18218 WP No. 109596 of 2025 2. Heard the learned counsel Sri.Manoj N. Bikkannavar appearing for the petitioner and the learned HCGP Smt.Girija Hiremath for the respondent-State. 3. The learned counsel appearing for the petitioner would submit that, the issue in the lis stands covered by the judgment rendered by this Court in Writ Petition No.100906/2025, disposed off on 17th February 2025, wherein it is held as follows: 1. The petitioners are before this Court calling in questions an order of the first respondent – the Deputy Commissioner, dated 27.11.2023, which declines the claim of the petitioners for the amount payable of the auctioned goods. 2. Heard the learned counsel Shri Manoj N.Bikkannavar appearing for the petitioners and the learned AGA Shri Sharad V.Magadum appearing for the respondents. 3. The fats in brief germane are as follows: On 01.02.2023 a crime comes to be registered against the petitioners in Crime No.18 of 2023 for offences punishable under Sections 3 and 7 of the Essential Commodities Act. The result was seizure of the vehicle and goods in the vehicle. The petitioners aggrieved by the initiation of proceedings for offences as afore quoted knocks at the doors of this Court in Criminal Petition No.101140 of 2023 and the said petition comes to be allowed at the FIR is quashed by the order dated 18th May 2023. - 4 - HC-KAR NC: 2025:KHC-D:18218 WP No. 109596 of 2025 4. By the said time, they Deputy Commissioner had auctioned the goods on the score that it was a perishable commodity. Therefore, the petitioners in the light of the quashment of the crime against him becomes entitled for the auctioned amount in terms of law. The law would be sub-section (3) of Section 6 of the Essential Commodities Act and in terms of sub-section (3) of Section 6 of the Essential Commodities Act, a person against whom the criminal cases registered for offences punishable under Sections 3 and 7 of the Act gets acquitted of the offences is entitled to the amount received by the State auctioning the property of the petitioners, the property would be the seized goods of the petitioners. The proceedings against the petitioners has now stood quashed. 5. In that light, the petitioners become entitled to the amount that the State has received from auctioning the goods of the petitioners. The amount so at the hands of the State shall be paid to the petitioners without broking any delay at any rate within a period of four weeks from the date of the receipt of a copy of this order. Ordered accordingly. 4. In the light of the issue standing covered by the judgment passed by this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 1 Sl No.: 293