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2026 DAILYLAW 40182 (KAR)

SRI SRINIVASA CHARITABLE TRUST v. THE UNION OF INDIA

WP/28523/2026 · 2026-09-15

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010629632026 NC: 2026:KHC:50291 WP No. 28523 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 28523 OF 2026 (GM-RES) BETWEEN: SRI SRINIVASA CHARITABLE TRUST HAVING ITS REGISTERED OFFICE AT NO. 193/4, SONDEKOPPA CIRCLE, NH 4, NELAMANGALA TALUK, BANGALORE RURAL - 562123 A CHARITABLE TRUST REGISTERED UNDER THE INDIAN TRUST ACT 1882 REGISTERED UNDER THE TRUST DEED DATED 16-6-2003 REPRESENTED BY ITS MANAGING TRUSTEE SRI S SHIVAKUMAR …PETITIONER (BY SRI. T KRISHNA.,ADVOCATE) AND: 1. THE UNION OF INDIA MINISTRY OF COMMERCE AND INDUSTRY 16, AKBAR ROAD, NEW DELHI - 110 011 REPRESENTED BY ITS SPECIAL SECRETARY 2. THE COMMISSIONER OF CUSTOMS BENGALURU CITY CUSTOMS COMMISSIONERATE INLAND CONTAINER DEPOT (ICD) WHITEFIELD, BENGALURU - 560066. - 2 - HC-KAR CNR: KAHC010629632026 NC: 2026:KHC:50291 WP No. 28523 of 2026 3. THE ASSISTANT COMMISSIONER OF CUSTOMS BENGALURU CITY CUSTOMS COMMISSIONERATE INLAND CONTAINER DEPOT (ICD) WHITEFIELD, BENGALURU - 560066. 4. THE ASSISTANT COMMISSIONER OF CUSTOMS SIIB (SPECIAL INVESTIGATORS INTELLIGENCE BRANCH) BENGALURU CITY CUSTOMS COMMISSIONERATE INLAND CONTAINER DEPOT (ICD) WHITEFIELD, BENGALURU - 560066. …RESPONDENTS (BY SRI. POOJAPPA J.,ADVOCATE FOR R1 SRI. ARAVIND V CHAVAN, ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS NOT TO INSIST ON BIS REGISTRATION CERTIFICATE OF THE CONSIGNMENT OF THE PETITIONER TRUST IN TERMS OF THE PROVISION OF THE FURNITURE (QUALITY CONTROL) ORDER 2025 AS THE SAME IS NOT APPLICABLE TO THE CONSIGNMENT OF THE PETITIONER TRUST, MORE FULLY DESCRIBED IN THE SCHEDULE HEREUNDER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010629632026 NC: 2026:KHC:50291 WP No. 28523 of 2026 "a) Directing the respondents not to insist on BIS Registration Certificate of the consignment of the petitioner Trust in terms of the Provision of the Furniture (Quality Control) Order 2025 as the same is not applicable to the consignment of the petitioner trust, more fully described in the Schedule hereunder. b) Grant such other relief's as the Hon'ble Court would be pleased to grant in the circumstance of the case, in the interest of justice and equity." 2. The petitioner has filed IA.No.1/2026 seeking for amendment of the writ petition. 3. It is the case of the petitioner that pending consideration of the present writ petition a representation dated 11.09.2026 (Annexure-N along with IA.No.1/2026) has been made. 4. Learned Additional Solicitor General submits that he has no instruction as to whether the said representation dated 11.09.2026 has been submitted to the concerned authorities. 5. The petitioner assails the action of the respondents in requiring the petitioner to comply with the stipulations contained in the Furniture (Quality Control) order dated 02.03.2026 passed pursuant to the Furniture (Quality Control) Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010629632026 NC: 2026:KHC:50291 WP No. 28523 of 2026 Order 2025, whereunder, the petitioner is required to have complied with the stipulations for having a Bureau of Indian Standards1 certification for the goods sought to be imported by the petitioner. 6. Notwithstanding the rival contentions put forth by both the parties, the petitioner seeks consideration of the representation dated 11.09.2026 made to respondent No.1 - the Ministry of Commerce and Industry, Union of India. 7. Learned Additional Solicitor General submits that he is required to take instructions as to whether the representation dated 11.09.2026 has been submitted to the concerned authorities. 8. Without adjudicating the aspect as to whether the representation dated 11.09.2026 has actually been submitted by the petitioner to the concerned authorities, a copy of the same having been produced along with IA No.1/2026 as Annexure - N and the said copies have been furnished to the respondents, the present writ petition is disposed of directing 1 Hereinafter referred as to 'BIS' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010629632026 NC: 2026:KHC:50291 WP No. 28523 of 2026 the concerned authorizes to consider the said representation dated 11.09.2026 and intimate the petitioner the said consideration. 9. It shall be open to the authorities to require the petitioner to furnish such information/documents as may be required. 10. This order is passed notwithstanding the merits of the contentions of both the parties. 11. The consideration of the said representation shall be made by the concerned authorities as expeditiously as possible in any event not later than four weeks from the date of receipt of the copy of this order. (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 58 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA