- 1 - HC-KAR NC: 2026:KHC:32163 WP No. 23815 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23815 OF 2024 (GM-PDS) BETWEEN: 1. SRI H N VIJAYA SHANKAR S/O H M NAGESH, AGED ABOUT 46 YEARS R/AT NO 299 VIVEKANANDA NAGARA BEHIND RMC, WARD NO 06, T NARASIPURA MYSORE- 571 214 OWNER OF VEERABADRESHWARA RICE MILL … PETITIONER (BY SMT. LEELA P. DEVADIGA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS REP BY ITS ADDITIONAL SECRETARY VIKASA SOUDHA BENGALURU - 560 001 2. THE COMMISSIONER DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS VIKASA SOUDHA BENGALURU - 560 001 3. THE DEPUTY COMMISSIONER MYSORE MYSORE DISTRICT - 570 005 4. THE DISTRICT MANAGER KARNATAKA FOOD AND CIVIL SUPPLIES CORPORATION LTD Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32163 WP No. 23815 of 2024 ETTIGEGUDE MYSORE - 570 010 5. THE THASHILDAR T NARSIPURA TALUK MYSURU DISTRICT - 571 124 6. THE SUB INSPECTOR OF POLICE POLICE T NARASIPURA POLICE STATION, T NARSIPURA MYSORE DISTRICT - 571 124 7. THE FOOD INSPECTOR T NARASIPURA TALUK MYSORE DISTRICT - 571 124 … RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 TO R7) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING RESPONDENT NO.1, 2 AND 4 TO RELEASE THE SUM OF RS. 14,16,162/- AS DIRECTED BY THE 3RD RESPONDENT ALONG WITH INTEREST AT THE RATE OF 12% PER ANNUM FROM THE DATE OF THE SELLING OF THE RICE, A COPY OF WHICH IS PRODUCED HEREWITH AS ANNEXURE-C BEARING NO. JANIMY/ECC/11/2021-22 UNTIL THE FULL REPAYMENT IS MADE TO THE PETITIONER IN THE INTERESTS OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: a. Issue an appropriate writ, order, or direction in the nature of mandamus, directing Respondent No.1, 2 and 4 to release the sum - 3 - HC-KAR NC: 2026:KHC:32163 WP No. 23815 of 2024 of rs. 14,16,162/- as directed by the 3rd Respondent along with interest at the rate of 12% per annum from the date of the selling of the rice, a copy of which is produced herewith as ANNEXURE-C bearing No. JANIMY/ECC/11/2021-22 until the full repayment is made to the petitioner in the interests of justice and equity. b. Issue any other writ, order, or direction that this Hon'ble Court may deem fit under the facts and circumstances of the case, including the cost of the writ petition, to secure the ends of justice. 2. Proceedings have been initiated against the Petitioner under Sections 6 and 7 of the Essential Commodities Act, 1955. An investigation ended in a ‘B’ report being filed by the Investigating Officer in Crime No.250/2021 on 19.07.2021. Thereafter, the said ‘B’ report having been accepted by the jurisdictional Magistrate. The proceedings before the Deputy Commissioner came to be closed, vide order dated 08.09.2023 at Annexure-C. In view thereof, the Petitioner had submitted representations on 22.112023 at Annexure-E, 05.01.2024 at Annexure-E1, 10.06.2024 at Annexure-E2, 21.02.2024 at Annexure-F as also on 17.05.2024 at Annexure-F1 calling upon the respondents to make payment of the amounts received from the auction of rice seized at the time of investigation amounting to Rs.14,16,162/-. - 4 - HC-KAR NC: 2026:KHC:32163 WP No. 23815 of 2024 3. Despite the said representations having been submitted, the respondents not having acted upon the said representations. Hence, the Petitioner is before this Court seeking for the aforesaid reliefs. 4. Respondent No.3-Deputy Commissioner having closed the proceedings in view of the ‘B’ report having been filed and having categorically observed that a sum of Rs.14,16,162/- has been received on account of the auction conducted in respect of the rice seized. 5. This Court is of the considered opinion that the said amount ought to have been returned to the Petitioner when the proceedings were closed by respondent No.3. The same not having been done. The representations having been submitted by the Petitioner as indicated supra. The said representations have also not been acted upon, which are also not sustainable. As such, this Court passes the following: ORDER i) Writ petition is allowed. ii) The Respondents are directed to consider the representations dated 22.112023 at - 5 - HC-KAR NC: 2026:KHC:32163 WP No. 23815 of 2024 Annexure-E, 05.01.2024 at Annexure-E1, 10.06.2024 at Annexure-E2, 21.02.2024 at Annexure-F as also 17.05.2024 at Annexure-F1 and pass necessary orders within a period of two (3) weeks from the date of receipt of a copy of this order and Make payment of a sum of Rs.14,16,162/- as observed by the Deputy Commissioner in the order dated 08.09.2023 at Annexure-C. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 44