P Mohammed Rasool S/O Ismail Vs the Government Chief Executive Officer Food Civil Supplies and Consumer

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.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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3 - NC: 2026:KHC-D:1706 WP No. 107807 of 2024

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HC-KAR

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ORAL ORDER

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The present writ petition is filed seeking the following

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prayer:

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“Prayer

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Therefore, it is humbly prayed the Hon'ble Court may please to issue

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a) Writ of mandamus directing the Respondents to release the amount of Rs.5,73,577.50 in favour of petitioner vide- Annexure-A.

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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.”

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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.

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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

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4 - NC: 2026:KHC-D:1706 WP No. 107807 of 2024

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HC-KAR

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filed a review petition before this Court and the same was dismissed.

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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.

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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:

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ORDER

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