- 1 - HC-KAR NC: 2026:KHC:13345 WP No. 5546 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5546 OF 2026 (GM-FOR) BETWEEN: 1. SRI. SYED SALMAN AGED ABOUT 28 YEARS, S/O SYED MEHABUB JAN KAMASAMUDRA VILLAGE AND POST, BANGARPET TALUK, KOLAR DISTRICT- 563 160 …PETITIONER (BY SRI. JAGADEESHA K.J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FOREST VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-01. REP BY ITS SECRETARY 2. THE DEPUTY CONSERVATOR FOREST BENGALURU URBAN DIVISION JARAKABANDE KAVAL KAMMAGONDANAHALLI, JALAHALLI WEST, BENGALURU -560 015. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13345 WP No. 5546 of 2026 3. THE ASSISTANT CONSERVATOR FOREST KRISHNARAJAPURA RANGE, 13TH CROSS, 29TH MAIN ROAD, B.T.M. 2ND STAGE, BENGALURU - 560 076. 4. RANGE FOREST OFFICER KRISHNARAJAPURA RANGE, 13TH CROSS, 29TH MAIN ROAD, B.T.M, 2ND STAGE, BENGALURU - 560 076. …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) BE PLEASED TO PASS WRIT ORDER BY WAY OF MANDAMUS BY DIRECTING THE RESPONDENT-2 TO PASS THE NECESSARY ORDERS ON THE APPLICATION DATED 30/01/2026 FILED BY THE PETITIONER UNDER SECTION 63 OF KARNATAKA FOREST ACT 1963 TO RELEASE LORRY BEARING NO. K.A.-07-B-8973 WITH CHASE NUMBER MB1AUGCC6RRNT4080 AND ENGINE BEARING NO.RPHZ403109 WITHIN REASONABLE NOT LATER THAN ONE WEEK VIDE ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:13345 WP No. 5546 of 2026 ORAL ORDER The captioned petition is filed seeking direction against respondent no.2 to pass orders on an application dated 30.01.2026 seeking release of the vehicle seized under Section 62 of the Karnataka Forest Act, 1963. 2. Heard learned counsel for the petitioner and learned Additional Government Advocate. 3. It transpires from the records that respondent No.3 has registered a case against three individuals, namely, Amaresh, Syed Suleman and Shekar, who were allegedly found transporting firewood weighing about 1.5 tons in a lorry bearing Registration No. KA-07-B-8973. Consequent upon the registration of the said crime, the said vehicle was seized and subjected to confiscation proceedings by respondent No.3. 4. The petitioner, asserting himself to be the registered owner of the said vehicle, has approached the authorities seeking release of the lorry involved in the - 4 - HC-KAR NC: 2026:KHC:13345 WP No. 5546 of 2026 alleged offence. It is the specific case of the petitioner that the vehicle has been purchased by availing financial assistance from Mahindra Finance and that he is under a continuing obligation to discharge monthly instalments (EMI) to the tune of Rs.60,901/-. The petitioner submits that the continued detention of the vehicle not only deprives him of the use of the vehicle for livelihood but also places him under severe financial hardship in meeting the loan obligations. In this regard, the petitioner has submitted a representation/application seeking interim release of the vehicle and has annexed supporting documents, including a copy of the Registration Certificate and other relevant records to establish his ownership. 5. The primary grievance projected before this Court is that despite the petitioner having submitted an application dated 30.01.2026 seeking release of the vehicle, the competent authority has failed to pass any orders on the said application. According to the petitioner, - 5 - HC-KAR NC: 2026:KHC:13345 WP No. 5546 of 2026 the inaction on the part of respondent No.2 in considering the application has resulted in undue delay and hardship. 6. Learned Additional Government Advocate, on instructions, submits that respondent No.2 would require a report from respondent No.4 before passing appropriate orders on the application submitted by the petitioner and assures this Court that upon receipt of the said report, respondent No.2 would consider and decide the application in accordance with law. 7. The records indicate that the vehicle in question was seized on 03.12.2025 and the petitioner has thereafter submitted an application seeking release of the vehicle on 30.01.2026. Once such an application is submitted by a person claiming to be the registered owner of the vehicle, respondent No.2 is obligated to consider the said application within a reasonable time and pass appropriate orders in accordance with law. The authority cannot indefinitely defer consideration of the application - 6 - HC-KAR NC: 2026:KHC:13345 WP No. 5546 of 2026 on the pretext of awaiting a report from the seizing officer. Such inaction would amount to dereliction of statutory duty, particularly when the seized vehicle remains idle and is susceptible to deterioration over a period of time. Therefore, this Court finds that there has been unwarranted delay and laxity on the part of respondent No.2 in addressing the petitioner’s request. 8. However, in view of the submission made by the learned Additional Government Advocate that respondent No.2 would expeditiously secure the necessary report and decide the application, this Court deems it appropriate to issue a direction to the competent authority to consider the petitioner’s application within a stipulated timeframe. ORDER (i) The writ petition is allowed in part. (ii) Respondent No.2 is directed to consider and decide the application dated 30.01.2026 submitted by the petitioner seeking release of - 7 - HC-KAR NC: 2026:KHC:13345 WP No. 5546 of 2026 the vehicle bearing Registration No. KA-07-B- 8973, strictly in accordance with law. (iii) While considering the said application filed under section 63 of the Karnataka/Forest Act, 1963, respondent No.2 shall take into account the report of the jurisdictional officer and the documents produced by the petitioner to substantiate his claim as the registered owner of the vehicle. (iv) The said exercise shall be completed as expeditiously as possible and, in any event, within a period of two weeks from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 27