Sachin Jartaghar S/O Srikanth vs The State Of Karnataka
2023 Latest Caselaw 5630 Kant

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                                                                NC: 2023:KHC-D:8954
                                                                  WP No. 104745 of 2023




                                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                       DATED THIS THE 16TH DAY OF AUGUST, 2023

                                                       BEFORE
                               THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                                       WRIT PETITION NO. 104745 OF 2023 (GM-RES)
                              BETWEEN:

                              SACHIN JARTAGHAR S/O SRIKANTH
                              AGE 33 YEARS, OCC. BUSINESS
                              R/O CHONAVAR ONI, VEERAPUR ROAD, HUBBALLI,
                              DIST. DHARWAD 580020

                                                                            ...PETITIONER
                              (BY SRI. NEEL P.PATIL, ADVOCATE FOR
                              SRI. GOURISHANKAR H MOT., ADVOCATE)

                              AND:

                              1.    THE STATE OF KARNATAKA
                                    REPRESENTED BY ITS SECRETARY
                                    DEPARTMENT OF FOOD AND CIVIL SUPPLIES AND
                                    CONSUMER AFFAIRS, VIKAS SOUDHA, AMBEDKAR
                                    VEEDHI, BENGALURU-560001

                              2.    THE DISTRICT COMMISSIONER
           Digitally signed
           by
           MOHANKUMAR
           B SHELAR
MOHANKUMAR

                                    UB HILLS RD, NEAR HINDI PRACHAR SABHA
B SHELAR   Location:
           DHARWAD
           Date:
           2023.08.19
           13:01:02 -0700

                                    CIRCLE, MALMADDI, DHARWAD
                                    KARNATAKA 580001

                                                                        ...RESPONDENTS

                              (BY SRI. SHIVAPRABHU HIREMATH, AGA)

                                   THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
                              227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
                              MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSIDER
                              REPRESENTATION DATED 01/06/2023 I.E. ANNEXURE-B FOR
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                                    NC: 2023:KHC-D:8954
                                        WP No. 104745 of 2023




THE RELEASE OF SEIZED RICE, IN THE INTEREST OF JUSTICE
AND EQUITY.

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

                           ORDER

The captioned writ petition is filed seeking writ of

mandamus feeling aggrieved by the inaction on the part of

respondent No.2/District Commissioner in not considering

the representation dated 01.06.2023.

2. Heard learned counsel for the petitioner and

learned Additional Government Advocate for respondents.

Perused the material on record.

3. On an a complaint lodged by one Praveen S/o

Maharudrappa Baragall on 17.04.2023, 292 quintals of rice

with an estimated value of Rs.6,71,600/- being carried in

a Truck bearing No.KA-63-6943 was seized and a crime

was registered against the petitioner under Section 3, 6(A)

and 7 of Essential Commodities Act as well as under

Section 3 (2) (3), 18(1) of Karnataka Essential

NC: 2023:KHC-D:8954 WP No. 104745 of 2023

Commodities (Public Distribution System) Public control

Order, 2016.

4. The petitioner submitted a detail representation

to 2nd respondent/District Commissioner on 01.06.2023

and sought for release of seized rice by placing reliance on

the judgment rendered by this Court in Criminal Petition

No.101116/2023, disposed of on 18.05.2023. Though

2nd respondent/District Commissioner is in receipt of

representation dated 01.06.2023, it is quite unfortunate to

note that there is total inaction on the part of 2nd

respondent/District Commissioner. If a representation is

submitted by citizen annexing the orders passed by this

Court, this Court is unable to understand as to what is the

impediment for 2nd respondent/District Commissioner in

not deciding the representation. This laxness on the part

of authorities is often leading to miscarriage of justice.

This Court has been noticing that authorities do not

acknowledge and take cognizance of representation

submitted by citizens. Every representation submitted by

NC: 2023:KHC-D:8954 WP No. 104745 of 2023

citizen to a competent authority has to be dealt and

decided in accordance with law, more particularly when

representations are submitted by taking support of Court

orders. In the present case on hand, there is total laxness

on the part of 2nd respondent/District Commissioner and

the same deserves to be condemned in strong words.

Therefore, there is a fit case where mandamus lies. Hence,

I proceed to pass the following;

ORDER

i) Writ petition is allowed.

ii) Respondent No.2/District Commissioner is

hereby directed to consider the representation dated

01.06.2023 vide Annexure-B and pass appropriate orders

within a period of two weeks from the date of receipt of

copy of this order.

iii) Respondent No.2/District Commissioner shall

take cognizance of the judgment rendered by this Court in

Criminal Petition No.101116/2023, disposed of on

NC: 2023:KHC-D:8954 WP No. 104745 of 2023

18.05.2023. He shall also take cognizance of other

supporting documents furnished along with the

representation.

Sd/-

JUDGE

AM