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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Shivu Koravara – Appellant
Versus
Deputy Commissioner, Vijayanagar, Hospete – Respondent
| Table of Content |
|---|
| 1. petitioner's prayer for certiorari and mandamus. (Para 1) |
| 2. court's decision to allow the criminal petition. (Para 3 , 4) |
ORDER :
M.NAGAPRASANNA, J.
1. The petitioner is before this court seeking the following prayer:
a. “Issue a writ of certiorari quashing the order dated order07.09.2023 bearing No. AaNaSa-04/EC/45/2022-23 passed by 1st respondent i.e, Deputy Commissioner, Vijayanagar produced at Annexure- D in the interest of justice and equity.
b. Issue a writ of mandamus directing the 1st respondent authority to pay the amount equivalent of the auctioned goods in the interest of justice and equity.
c. Grant such other and further reliefs as are just even including the costs of this petition in the interest of the justice and equity.”
2. Heard Sri.Manoj N. Bikkannavar, learned counsel for the petitioner.
3. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. No.101071/2023, disposed off on 16th May 2023. The Coordinate Bench of this Court held as follows:
1. “The petitioner is before this Court calling in question the proceedings under Section 3, 6(A) &
Procedural lapses in FIR registration render subsequent search and seizure invalid, emphasizing the importance of following legal protocol in criminal actions.
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The main legal point established in the judgment is that 'rice' is considered an essential commodity under the Essential Commodities Act, 1955, and is subject to seizure and confiscation under Sectio....
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