Citation : 2025 Latest Caselaw 8890 Kant
Judgement Date : 26 September, 2025
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NC: 2025:KHC-D:13528
WP No. 103051 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 26TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 103051 OF 2025 (GM-RES)
BETWEEN:
UNION BANK OF INDIA
HAVING ITS REGISTERED HEAD OFFICE AT
MUMBAI, AND ITS REGIONAL OFFICE AT
HUBBALLI, R/BY. ITS DEPUTY REGIONAL HEAD
NAMELY SRI. RITESH KUMAR,
AGE. 50 YEARS, OCC. DEPUTY REGIONAL MANAGER,
UNION BANK OF INDIA, REGIONAL OFFICE,
HUBBALLI-580030.
...PETITIONER
(BY SRI. GIRISH S. HULMANI, ADVOCATE)
AND:
Digitally signed
by GIRIJA A. 1. THE WAREHOUSEING DEVELOPMENT AND
BYAHATTI REGULATORY AUTHORITY,
Location: High 4TH FLOOR, NCUI BUILDING,
Court of
Karnataka, 3, SIRI INSTITUTIONAL AREA,
Dharwad Bench, AUGUST KRANTI MARG, HAUZ KHAS,
Dharwad
NEW DELHI-110016,
R/BY ITS CHAIRMAN.
2. THE DEPUTY COMMISSIONER,
OFFICE OF DEPUTY COMMISSIONER,
HAVERI DISTRICT, HAVERI-581110.
3. THE SUPERINTENDENT OF POLICE,
HAVERI DIST, HAVERI-581110.
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NC: 2025:KHC-D:13528
WP No. 103051 of 2025
HC-KAR
4. M/S. SHREE KOLLUR MOOKAMBIKA WAREHOUSE
REP. BY ITS PROP. SMT. BHAGYAMMA
W/O. NAGARAJ CHALAGERI,
KODAMAGGI VILLAGE, SHIKARIPUR ROAD,
MASUR POST, TQ. RATTIHALLI,
DIST. HAVERI-581210.
...RESPONDENTS
(BY SRIYUTHS. SIDDAPPA S. SAJJAN, ADVOCATE FOR R1;
SHARAD V. MAGADUM, AGA FOR R2 AND R3;
SANTOSH B. MALLIGWAD, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. THIS
HON BLE COURT MAY KINDLY BE PLEASED TO PASS AN ORDER
IN THE FORM OF MANDAMUS DIRECTING THE RESP NO. 1 TO
TAKE NECESSARY ACTION AGAINST THE RESP. NO. 4 UNDER
THE PROVISIONS OF WAREHOUSE DEVELOPMENT AND
REGULATION ACT, 2007 AND REPORT THE SAME TO THIS HON
BLE COURT. B. DIRECT THE MANDAMUS DIRECTING RESP. NO.1
TO TAKE NECESSARY ACTION ON THE PETITIONER
REPRESENTATIONS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the
following reliefs:
a. This Hon'ble Court may kindly be pleased to pass an order in the form of Mandamus directing the Resp No. 1 to take necessary action against the Resp. No. 4 under the provisions of Warehouse Development
NC: 2025:KHC-D:13528
HC-KAR
and Regulation Act, 2007 and report the same to this Hon'ble Court.
b. Direct the mandamus directing Resp. No.1 to take necessary action on the petitioner representations.
c. Any other order which deems fits in the facts and circumstances of the case, in the interest of justice and equity.
2. The lis in the present matter is relating to the role of
the Warehousing Development Authority and the
obligations on the part of the warehouse men, which
has been decided by this Court in the detailed order
dated 17.09.2025 in W.P.No.101644/2025 in the
case of Canara Bank Vs. The Warehousing
Development and Regulatory Authority and
Another.
3. For the very same reasons as stated in the said
judgment, I pass the following:
ORDER
i. Writ petition is allowed.
NC: 2025:KHC-D:13528
HC-KAR
ii. Mandamus is issued, Respondent No.1 is
directed to take necessary action in terms of
the order dated 17.09.2025 passed in
W.P.No.101644/2025, within the same time
frame as fixed therein. The jurisdictional
Superintendent of Police shall provide
necessary assistance.
Sd/-
(SURAJ GOVINDARAJ) JUDGE
gab CT:PA
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