Citation : 2022 Latest Caselaw 2097 Kant
Judgement Date : 9 February, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.2935 OF 2022 (GM - FOR)
BETWEEN:
RENELE,
(RINIL C),
S/O CHANDRA (P. CHANDRAN),
AGED ABOUT 38 YEARS,
R/AT R C PURAM,
MANNAYAD, NETTUR POST,
THALASSERY, KANNUR,
KERALA STATE - 670 105.
...PETITIONER
(BY SRI.MAHADEVA R.K., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY DEPUTY RANGE FOREST OFFICER,
FOREST CHECK POST SAMPAJE,
MADIKERI ZONE,
MADIKERI TALUK,
KODAGU DISTRICT - 571 214.
2. AUTHORIZED OFFICER
AND DEPUTY CONSERVATOR OF FORESTS,
MADIKERI DIVISION,
MADIKERI, KODAGU DISTRICT - 571 214.
...RESPONDENTS
(BY SRI. B.V.KRISHNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE
PETITION AND DIRECT THE AUTHORIZED OFFICER AND
DEPUTY CONSERVATOR OF FORESTS, MADIKERI DIVISION,
MADIKERI / R-2 TO CONSIDER THE APPLICATION FILED BY THE
PETITIONER TO RELEASE THE EICHER LORRY BEARING REG.
NO.KL-58-J-7048 IN FOC NO.07/2021-22 DATED 17.08.2021
VIDE ANNEXURE -A IN FAVOUR OF THE PETITIONER WITHIN 7
2
DAYS FROM THE DATE OF THE ORDER OF THIS HONBLE
COURT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The subject matter of this writ petition involves the
grievance as to non-consideration of the application dated
17.08.2021, a copy whereof is at Annexure-A. In a
substantially similar matter in
WP.No.17408/2021 this Court vide judgment dated
24.09.2021 has directed consideration of applications of the
kind without insisting on the furnishment of Bank guarantee
however, requiring appropriate surety.
2. In the Division Bench decision of this Court in
W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER
Vs. STATE OF KARNATAKA BY ITS COMMISSIONER &
SECRETARY disposed off on 11.12.1974, it has been held that
like cases should be treated alike and if relief is granted to a
litigant, similar relief cannot be denied to other similarly
circumstanced litigants, subject to all just exceptions.
In view of the above, this writ petition is disposed off
granting the same relief to the petitioner as has been granted
to the litigant in the cognate writ petition.
Costs made easy.
Sd/-
JUDGE DS
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