Disposed

Mr Ashraf v. the Assistant Commissioner

Karnataka HC15 Dec 2023WP/16481/2022

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition seeking an order directing the Assistant Commissioner to expedite the disposal of an application for release of a seized vehicle. The petitioner argued he was a diary farmer using the vehicle for agricultural activities for offences under the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance Act.

What did the court decide?

Direction to the Assistant Commissioner to dispose of the application for release of the vehicle within four weeks.

Mr Ashraf Vs the Assistant Commission… — Constitutional and Fundamental Rights | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:45709 WP No. 16481 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 15^TH DAY OF DECEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO.16481 OF 2022 (GM-RES)

¶7

BETWEEN:

¶8

MR. ASHRAF S/O. KHADHAR AGED ABOUT 60 YEARS R/AT VILLIYAM POST MAIN ROAD, PAMBAACHELLI HOUSE ANANDUR POST, KODUVALLI VAYA KOZHIKODE, KERALA-673 572.

¶9

…PETITIONER

¶10

(BY SRI ZAMEER PASHA, ADVOCATE)

¶11

AND:

¶12

Digitally signed by SHAKAMBARI

¶13

Location: High Court of Karnataka

¶14

THE ASSISTANT COMMISSIONER MYSORE SUB-DIVISION MYSORE-571 303.

¶15

STATE BY NANJANGUD TOWN POLICE STATION NANJANGUD REPRESENTED BY STATION HOUSE OFFICER NANJANGUD TALUK MYSORE DISTRICT-571 301.

¶16

MOHAMMED ASIQUE P.C. S/O. ASHRAF AGED ABOUT 54 YEARS R/AT POMBARACHALLI

¶17

¶18

NC: 2023:KHC:45709 WP No. 16481 of 2022

¶19

VETTOZHINHATHOTTAM KEDAVUR THACHAMPOUIL KOZHIKODE, KERALA-673 573.

¶20

…RESPONDENTS

¶21

(BY SMT. RASHMI PATEL, HCGP FOR R.1 & R.2.)

¶22

THIS PETITION IS FILED UDNER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 1ST RESPONDENT/THE ASSISTANT COMMISSIONER, MYSORE SUB-DIVISION, MYSORE, TO EXPEDITIOUSLY DISPOSE OFF THE APPLICATION FOR RELEASE THE VEHICLE DLS ASHOKA LAYLAND GOODS VEHICLE REG.NO.KL-52-Q-3032, IN P.F.NO.29/2021, INTO THE PETITIONER INTERIM CUSTODY, VIDE ANNEXURE-D IN C.R. NO.27/2001 AND ETC.

¶23

THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶24

ORDER

¶25

Heard, Sri. Zameer Pasha, learned counsel for the petitioner and Smt. Rashmi Patel, learned HCGP for respondents.

¶26

Petitioner is before this Court with a short grievance that his application for release of vehicle bearing registration No. KL-52-Q-3032, which was seized in Crime No.27/2021 under PF NO.29/2021 for the offences punishable under Sections 4, 5, 6, 7 and 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance Act, 2020 has

¶27

3 - NC: 2023:KHC:45709 WP No. 16481 of 2022

¶28

not been disposed off by the respondent No.1-Assistant Commissioner.

¶29

Learned counsel for the petitioner reiterating the grounds urged in the memorandum of the petition submits that the petitioner has sufficient documents to substantiate his contention of he being a diary farmer and that vehicle in question is being used for agricultural activities.

¶30

Be that as it is.

¶31

Since the application filed by the petitioner for release of vehicle is still pending consideration and the relief sought by the petitioner is only for a direction, the petition is disposed off with the direction to the respondent No.1-Assistant Commissioner to dispose off the said application produced at Annexure-D within an outer limit of four weeks from the date of receipt of certified copy of this Order.

¶32

Sd/JUDGE

¶33

¶34

List No.: 1 Sl No.: 8

Mr Ashraf v. the Assistant Commissioner

Case brief

What is this about?

What did the court decide?

Mr Ashraf v. the Assistant 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

Coram

Case details

Similar cases

Mr Y B Shamanna Vs the Authorized Officer

Sri Hrishikesha a M Vs State of Karnataka

Sri.Kumar a Vs the Karur Vysya Bank Ltd.

Sri Syed Basheer Ahmed Malik Vs State of Karnataka

Sri. B. M. Yogesh Vs State of Karnataka

Sri M Purushotham Vs the State of Karnataka