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2026 DAILYLAW 53572 (KAR)

P MOHAMMED RASOOL S/O ISMAIL v. THE GOVERNMENT CHIEF EXECUTIVE OFFICER FOOD CIVIL SUPPLIES AND CONSUMER

WP/107807/2024 · 2026-02-05

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1706 WP No. 107807 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.107807 OF 2024 (GM-RES) BETWEEN: P. MOHAMMED RASOOL S/O. ISMAIL, AGE. 78 YEARS, OCC. PETTY BUSINESS, R/O. DOOR NO.15/83, DAWAGERI PETH, PRODUTUR, DIST. KADAPA, STATE. ANDHRA PRADESH. …PETITIONER (BY SRI. U.G. KATTIMANI, ADVOCATE) AND: 1. THE GOVERNMENT CHIEF EXECUTIVE OFFICER FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT, VIKAS SOUDHA, BENGALURU-1. 2. THE DEPUTY DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, HAVERI, DISTRICT. HAVERI, TQ. HAVERI-583233. 3. THE DEPUTY COMMISSIONER, Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1706 WP No. 107807 of 2024 HAVERI. TQ. HAVERI, DIST. HAVERI-583233. 4. THE TAHSHILDAR, HAVERI. TQ. HAVERI, DIST. HAVERI-583233. …RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A) WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO RELEASE THE AMOUNT OF RS. 5,73,577.50 IN FAVOUR OF PETITIONER VIDE- ANNEXURE-A. B. WRIT OF ANY OTHER NATURE AS THE HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCE OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:1706 WP No. 107807 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayer: “Prayer Therefore, it is humbly prayed the Hon'ble Court may please to issue a) Writ of mandamus directing the Respondents to release the amount of Rs.5,73,577.50 in favour of petitioner vide- Annexure-A. b) Writ of any other nature as the Hon'ble Court deems fit in the facts and circumstance of the case in the interest of justice and equity.” 2. The petitioner has given a representation dated 07.06.2024 to respondent No.3 seeking that the sale proceeds kept in the office of respondent No.3 may kindly be released in favor of the petitioner and the seized sale proceeds may be refunded to the petitioner at the earliest. 3. It is the case of the petitioner that the petitioner has purchased black green gram in local market of Akki Alur Village in Haveri Taluk from different agriculturists and stored in Karnataka State Ware House, Haveri. The respondent No.3/ Deputy Commissioner, Haveri has seized the black green gram of petitioner. The Petitioner has filed WP.No.100887/2016 to release the seized black green grams. Then the petitioner has - 4 - HC-KAR NC: 2026:KHC-D:1706 WP No. 107807 of 2024 filed a review petition before this Court and the same was dismissed. 4. The respondent No.1 has written a letter to the respondent No.2 regarding the refund of the auction amount. The respondent No.2 also communicated to the respondent No.1 regarding the refund of the amount. The respondent No.3 directed the respondent No.4 to take action regarding the same. It is the case of the petitioner that the respondents have not taken any action in spite of an order passed by this Court and the representation given by the petitioner. 5. Having heard the learned counsel for the petitioner, perused the material on record. Considering the submission of the learned counsel appearing for the petitioner, there shall be direction to the respondent No.3/ Deputy Commissioner to take appropriate action pursuant to the order passed in WP.No.100887/2016. In that view of the matter, this Court deems it appropriate to pass the following: ORDER i. The respondent No.3/Deputy Commissioner shall take appropriate action pursuant to the - 5 - HC-KAR NC: 2026:KHC-D:1706 WP No. 107807 of 2024 order passed in WP.No.100887/2016 within a period of two weeks from the date of receipt of the copy of the order. ii. Accordingly, the writ petition is disposed of. iii. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 62