Karnataka High Court
P S Shabana vs State Of Karnataka on 6 January, 2023
Bench: K S Hemalekha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE Mrs. JUSTICE K.S.HEMALEKHA
WRIT PETITION No.1455 OF 2022 (GM-FOR)
BETWEEN:
P.S. SHABANA
W/O P.U. SIRAJJUDIN
AGED ABOUT 35 YEARS
RESIDING AT NO.G/3
KAKKUNADAKODU
KALLUMOTTE, NAPOKLU
MADIKERI
KODAGU DISTRICT-571216.
DULY REPRESENTED BY HER
POWER OF ATTORNEY HOLDER
M.M.HASHIM
S/O MOHAMMED
AGED ABOUT 52 YEARS
RESIDING AT KOLAKERI
VILLAGE AND POST
MADIKERI TALUK
KODAGU DISTICT-571216.
...PETITIONER
(BY SRI.MAHADEVA.R.K, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY RANGE FOREST OFFICER
AMMATHI
VIRAJPET RANGE OFFICE
2
VIRAJPET TALUK
KODAGU DISTRICT
PIN CODE-571201.
2. THE DEPUTY CONSERVATOR OF FOREST
VIRAJPET DIVISION
GANDHINAGAR OFFICE
VIRAJPET
S. KODAGU DISTICT-571201.
... RESPONDENTS
(BY SRI.K.S.ARUN, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO ALLOW THE PETITION AND SET ASIDE THE PORTION
OF THE ORDER I.E CONDITION NO.2 I.E THE
PETITIONER/APPLICATION SHALL FURNISH A BANK
GUARANTEE FOR A SUM OF RS.2,00,000/- IN FAVOUR OF
THE AUTHORIZED OFFICER DEPUTY CONSERVATOR OF
FOREST VIRAJPET DIVISION GANDHINAGAR OFFICE
VIRAJPET SOUTH KODAGUR/R-2 WHICH SHALL BE KEPT
IN FORCE UNTIL DISPOSAL OF THE CASE IN CRL. APPEAL
NO.5026/2021 DTD.15.12.2021 VIDE ANNEXURE-A AND
FURTHER DIRECT THE R-2 TO RELEASE THE SAID LORRY
BEARING REG NO.KA-12-5242 IN FAVOUR OF THE
PETITIONER IN PROCEEDINGS IN FOC NO.29/2018-19.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING-B GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
3
ORDER
The petitioner in this writ petition is assailing the
portion of the order i.e., condition No.2 i.e., directing the
petitioner/applicant to furnish a Bank Guarantee for a sum
of Rs.2,00,000/- (Rupees Two Lakhs only) in favour of the
Authorized Officer, Deputy Conservator of Forest, Virajpet
Division, Gandhinagar Office, Virajpet South
Kodagu/Respondent No.2 herein, which shall be kept in
force until disposal of the case in Crl. Appeal
No.5026/2021 dated 15.12.2021 vide Annexure-A and
further sought for a direction to respondent No.2 to
release the said lorry bearing Reg. No.KA-15-5242 in
favour of the petitioner in proceedings in FOC No.29/
2018-19.
2. Sri.K.S.Arun, learned HCGP accepts notice for
the respondents.
3. Heard Sri.Mahadeva.R.K. learned counsel for
the petitioner and Sri.K.S.Arun, learned HCGP for the
respondents.
4. Learned counsel for the petitioner and learned
HCGP would submit that the subject matter of this petition
is squarely and substantially covered by the judgment of
this Court in W.P. No.21114 of 2021 (GM-FOR) dated
25.11.2021, in the case of SIRAJ PASHA Vs. THE
STATE OF KARNATAKA & ANOTHER, [Siraj Pasha]
wherein, similar reliefs have been accorded to the
petitioner therein.
5. Learned HCGP does not dispute the factual
matrix that the petition has been covered by the Co-
ordinate Bench of this Court.
6. The Co-Ordinate Bench in Siraj Pasha's case
stated supra has considered the law laid down by the
Division Bench of this Court in W.A.Nos.932-933/1974
between SRI.A.V.VINODA & ANOTHER Vs. STATE OF
KARNATAKA BY ITS COMMISSIONER & SECRETARY,
disposed off on 11.12.1974, wherein it is held that relief
granted in the set of facts in favour of the litigant cannot
be denied in another set of facts wherein the litigant is
similarly circumstanced, in the absence of any derogatory
factors.
7. In view of the submission made by the learned
counsel for the parties and to maintain parity, this writ
petition stands disposed off granting relief to the
petitioner as granted in W.P.No.21114 of 2021 and further
the conditions imposed in Crl.A.5026/2021, disposed off on
15.12.2021, shall be applicable to the petitioner as well.
No order as to costs.
Sd/-
JUDGE
SMC
