Disposed

Ghouse Pasha @ Azam Pasha v. the Deputy Commissioner

Karnataka HC13 Jan 2020WP/103310/2017

Case brief

AI extract

What is this about?

Petitioner sought writ directing respondent to consider application for interim custody of lorry seized under Essential Commodities Act. Court directed first respondent to dispose of pending application within four weeks. Petition disposed of.

What did the court decide?

Direction to the first respondent to dispose of the pending application for interim custody of the seized lorry within four weeks.

Ghouse Pasha @ Azam Pasha Vs the Deputy Commissioner — Consumer Protection | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 13^TH DAY OF JANUARY, 2020

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BEFORE

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THE HON’BLE MR.JUSTICE S.G. PANDIT

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WRIT PETITION NO.103310/2017 (GM-RES)

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BETWEEN

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GHOUSE PASHA @ AZAM PASHA S/O. SIRAJ PASHA AGE:35 YEARS, OCC:BUSINESS R/O:NO.3377, THYAGARAJANAGAR ISLAMPURA ROAD, DODDAPURA TOWN BANGALURU

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... PETITIONER

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(BY SRI.M.L.VANTI, ADVOCATE FOR SRI.V M SHEELVANT, SRI.S.H.MITTALKOD, SRI.VINAY S KOUJALAGI, SMT.VIJAYLAXMI M.N., ADVOCATES)

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AND

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THE DEPUTY COMMISSIONER DEPARTMENT OF FOOD & CIVIL SUPPLIES AND CONSUMER AFFAIRS DISTRICT ADMINISTRATIVE DEPARTMENT DAVANGERI, HAVERI

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIDHANASOUDHA, BENGALURU

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... RESPONDENTS

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(BY SRI.V.S.KALASURMATH, HCGP FOR R1 AND R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO CONSIDER THE APPLICATION OF THE PETITIONER PRODUCED AND MARKED AS ANNEXURE-C AND RELEASE THE LORRY BEARING NO.KA-16 A-7708 TO THE INTERIM CUSTODY OF THE PETITIONER.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this court under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondent No.1 to consider the application of the petitioner at Annexure-C for release of the lorry bearing No.KA-16/A-7708 for interim custody of the petitioner.

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The petitioner states that he is a registered owner of lorry bearing No.KA-16/A7708. His lorry is seized for the offence punishable under Sections 3 and 7 of the

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Essential Commodities Act, 1955 and under Order 18 of the PDS Control Order in Crime No.105/2016 of Kumarapattana Police Station limits. The case is still pending consideration. In the meanwhile, the petitioner made application under Annexure-C to the 1^st respondent for interim custody of the vehicle in question. The petitioner has also stated that he is ready and willing to furnish the surety as required. It is his grievance that the said application is stated to have been filed on 27.09.2016, but the said application is yet to be considered. Annexure-E order sheet of the proceedings in No.D£Á¸À:E¹J: 45/16-17 discloses the filing of application for release of vehicle and request to the RTO authorities to value the vehicle.

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The learned HCGP appearing on behalf of respondent No.1 submits that if four weeks

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time is granted, appropriate order would be

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passed on the pending application.

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Taking note of the same, the 1^st respondent is directed to dispose of the application at Annexure-C pending in

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proceedings No.D£Á¸À:E¹J:45/16-17 (K.P.M. P.S.

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Crime No.105/2016), if not already disposed of within a period of four weeks from the date of receipt of a certified copy of this order.

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Accordingly, the writ petition is

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disposed of.

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Sd/JUDGE

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Ghouse Pasha @ Azam Pasha v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Ghouse Pasha @ Azam Pasha v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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