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Sri Abdul Rasheed vs the State of Karnataka

Sri Abdul Rasheed vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Jun 19, 2026
~3 min read
https://sooperkanoon.com/case/1524074

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
WP/6747/2024

Parties & Advocates

Appellant / Petitioner

Sri Abdul Rasheed

Respondent

The State of Karnataka

Excerpt

.....of the constitution of india praying to setting aside the order dated 31.05.23 passed by the r2 copy at annexure - a 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 govindarajoral orderlearned additional government advocate accepts notice for respondents.1. petitioner is before this court seeking for the following reliefs: "a) issue a writ of mandamus and order of setting aside the order dated 31.05.2023 passed by respondent no.2 at annexure-a; b) to allow the prayer of the petitioner and direct the respondent to release; and c) grant such other relief including consequential relief which is necessary in the circumstance of the case as this hon'ble court fit." -3-2. the proceedings have been initiated against thepetitioner for violation of the essential commodities act. the food grain available with the petitioner was seized by the respondent. on completion of the investigation, a 'b' report has been filed.3. the petitioner is before this court seeking release of the seized food grain by the respondent in his favour.4. learned aga, today on instructions, submits that thefood grains have been made over to the public distribution system (pds) for distribution and the food grains are not available with the respondents to hand over.5. in view of the said submission, the directions whichhave been sought for cannot be granted and the remedy of the petitioner would be to approach the deputy commissioner-respondent no.2, seeking for compensation in respect of the seized commodity. -4-6. reserving liberty to do so, the petition stands disposed of. sd/- (suraj govindaraj) judge mkm list no.: 1 sl no.: 40

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6747 OF 2024 (GM-PDS) BETWEEN: SRI. ABDUL RASHEED, AGED 27 YEARS, S/O OF SRI HAJEE P.K.ABUSALE, AGED ABOUT YEARS, RESIDING AT HALEMUDIGERE MUDIGERE POST, MUDIGERE TALUK, CHIKMAGALUR DISTRICT, CHIKMAGALUR - 577 101. …PETITIONER (BY SRI. C.N.KAMATH., ADVOCATE)

AND: Digitally signed by SHWETHA 1. THE STATE OF KARNATAKA, RAGHAVENDRA Location: HIGH BY PRINCIPAL SECRETARY, COURT OF FOOD AND CIVIL SUPPLY, KARNATAKA VINDANA SOUDHA, BANGALORE - 560 001.

2. THE DEPUTY COMMISSIONER, D.K.DHARMASTHALA, MANGALORE - 575 001. …RESPONDENTS (BY SRI.MOHAMMED JAFAR SHAH, AGA FOR R1 AND R2) -2- THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 31.05.23 PASSED BY THE R2 COPY AT ANNEXURE - A 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

Learned Additional Government Advocate accepts notice for respondents.

1. Petitioner is before this Court seeking for the following reliefs: "a) Issue a writ of Mandamus and order of setting aside the order dated 31.05.2023 passed by respondent No.2 at Annexure-A; b) To allow the prayer of the petitioner and direct the respondent to release; and c) Grant such other relief including consequential relief which is necessary in the circumstance of the case as this Hon'ble Court fit." -3-

2. The proceedings have been initiated against the

petitioner for violation of the Essential Commodities Act. The food grain available with the petitioner was seized by the respondent. On completion of the investigation, a 'B' report has been filed.

3. The petitioner is before this Court seeking release of the seized food grain by the respondent in his favour.

4. Learned AGA, today on instructions, submits that the

food grains have been made over to the Public Distribution System (PDS) for distribution and the food grains are not available with the respondents to hand over.

5. In view of the said submission, the directions which

have been sought for cannot be granted and the remedy of the petitioner would be to approach the Deputy Commissioner-respondent No.2, seeking for compensation in respect of the seized commodity. -4-

6. Reserving liberty to do so, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE MKM List No.: 1 Sl No.: 40

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