- 1 - HC-KAR NC: 2026:KHC:32062 WP No. 41414 of 2011 C/W WP No. 23854 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.41414 OF 2011 (GM-RES) C/W WRIT PETITION NO.23854 OF 2012 (GM-RES) IN W.P.NO.41414/2011: BETWEEN: M/S. MRF LTD. NO.124, GREAMS ROAD CHENNAI-600 006 REP. BY ITS OFFICE MANAGER …PETITIONER (BY SRI RAJESH VELLAKKAT, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY DEPARTMENT OF CONTROLLER OF LEGAL METROLOGY BENGALURU KARNATAKA 2. ASSISTANT CONTROLLER OF LEGAL METROLOGY SHIMOGA DISTRICT KARNATAKA Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32062 WP No. 41414 of 2011 C/W WP No. 23854 of 2012 3. INSPECTOR OF LEGAL METROLOGY BHADRAVATHI SUB DIVISION BHADRAVATHI KARNATAKA …RESPONDENTS (BY SRI MAHANTESH SHETTAR, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REGISTRATION OF CASE NO.57/11-12 NOTICE & ISSUANCE OF NOTICE BEARING NO. ILM/BDVT/COMP/311/NOTICE/11012 AND NO. ILM/BDVT/COMP/312/NOTICE/11012 (ANNEXURE-A(1) & A(2) DATED 22.10.2011 & ALL OTHER SUBSEQUENT PROCEEDINGS ISSUED BY THE RESPONDENTS & TO DIRECT THE RESPONDENTS NOT TO CHARGE SIMILAR CASES AGAINST THE PETITIONER, ON THE SAME GROUNDS AND ETC. IN W.P.NO.23854/2012: BETWEEN: M/S. MRF LIMITED NO.124, GREAMS ROAD CHENNAI-600 006 REP. BY ITS OFFICE MANAGER MR. MOHAN KUMAR NAIR ...PETITIONER (BY SRI RAJESH VELLAKKAT, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:32062 WP No. 41414 of 2011 C/W WP No. 23854 of 2012 AND: 1. CONTROLLER OF LEGAL METROLOGY GOVERNMENT OF KARNATAKA BENGALURU 2. INSPECTOR OF LEGAL METROLOGY YESHWANTHPURA, SUB DIVISION BENGALURU ...RESPONDENTS (BY SRI MAHANTESH SHETTAR, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE CONTROLLER OF LEGAL METROLOGY, BENGALURU CIRCLE, BENGALURU IN AN APPEAL NO.5/12.13.CLM/PCR/APL/CR-359/12-13 VIDE ANNEXURE-A DATED 04.07.2012, AND THE ORDER OF THE INSPECTOR OF LEGAL METROLOGY, ORDER NO.DLM/ILM,YPR/NOTICE/84/12-13 DATED 25.06.2012, CASE NO.121975 VIDE ANNEXURE-B AND TO RELEASE ALL ITEMS SEIZED UNDER THE ORDER NO.DLM/ILM,YPR/NOTICE/84/12-13 DATED 25.06.2012 CASE NO.121975 DATED 25.6.2012. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 4 - HC-KAR NC: 2026:KHC:32062 WP No. 41414 of 2011 C/W WP No. 23854 of 2012 ORAL ORDER Writ petition in W.P.No.41414/2011 as well W.P.No.23854/2012 are filed by the common petitioner being aggrieved by the registration of a case for violation of provisions of the Legal Metrology Act, 2009 and Legal Metrology (Package Commodities) Rules, 2011 and a notice being issued in this regard by the respondent-Authority calling upon the petitioner to appear in the proceedings for compounding the offences under Section 48(3) of the Legal Metrology Act, 2009. 2. Learned counsel for the petitioners taking this Court through the records submits that the primary grievance of the petitioner is with regard to the issuance of compounding notice dated 22.10.2011 in both the petitions. In terms of which, the respondent-Authority has called upon the petitioners, duly represented by its authorized officers to be present for the enquiry and to pay a necessary compounding fee as fixed by the Compounding Authority. He submits that said notice was issued on 22.10.2011 and the hearing date was fixed on 29.10.2011 at 11:00 a.m. That is, without providing any sufficient opportunity to the petitioners. Since the - 5 - HC-KAR NC: 2026:KHC:32062 WP No. 41414 of 2011 C/W WP No. 23854 of 2012 consequences contemplated under the Legal Metrology Act, 2009 are severe including imprisonment. Petitioner had no other go, but to approach this Court, as it apprehended bias in the hands of the respondent-Authority. 3. After arguing the matter for sometime, he however submits that subsequent to filing of the petition, there has been change in law. In that, the substantive provisions imposing punishment has been done away with, in terms of Section 39(1) of the Legal Metrology Act, 2009 and if the respondent- Authority are directed to consider the case of the petitioners, taking into consideration of the changed position of law, the purpose of the petition would be served. 4. Learned AGA, on the other hand, submits that in the light of the change in the regime and if given a direction, respondent-Authority will look into the matter and pass appropriate order in the matter. 5. Submissions placed on record. 6. In that view of the matter, following: - 6 - HC-KAR NC: 2026:KHC:32062 WP No. 41414 of 2011 C/W WP No. 23854 of 2012 ORDER (i). Petitions are disposed of. (ii). The respondent No.2-Authority shall provide an opportunity of being heard to petitioner. (iii). The petitioner is at liberty to furnish further response and documents, if need be and the respondent-Authority shall pass appropriate order thereon. Particularly keeping in mind the changed position of law in the due course. (iv). Such order shall be passed within an outer limit of 90 days from the date of receipt of certified copy of this order. (v) In the meanwhile, no coercive action shall be taken against the petitioners. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 0