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2026 Supreme(Online)(Kar) 26082

IN THE HIGH COURT OF KARNATAKA AT BENGALURU


DATED THIS THE 7TH DAY OF MAY, 2026


PRESENT


THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM


AND


THE HON'BLE MR. JUSTICE RAJESH RAI K


WRIT APPEAL NO. 1385 OF 2026 (T-RES)


C/W


WRIT APPEAL NO. 1388 OF 2026 (T-RES)


IN WA No. 1385/2026


BETWEEN:


SREEKRISHNA TRADERS


A SOLE PROPRIETORSHIP CONCERN


GROUND FLOOR, 92/1,


MOOKUPPE CIRCLE, MAIN ROAD,


THAGARTHI SUB POST OFFICE,


THYGARTHI, SHIVAMOGGA-577 431


REPRESENTED THROUGH ITS PROPRIETOR


MR. MANJUNATH NAYAK,


SON OF MOHAN DAS NAYAK


AGED ABOUT 55 YEARS,


R/A: SHEDIVAKU HOUSE KOIPDAY,


KASARGOD KERALA-671 321


…APPELLANT


(BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL FOR


SRI. SARAVANA .S, ADVOCATE)


AND:


1. THE STATE OF KARNATAKA


THROUGH ITS PRINCIPAL SECRETARY,


FINANCE DEPARTMENT, GOVT OF KARNATKA


VIDHANA SOUDHA,


DR. B.R.AMBEDKAR VEEDHI,


BANGALORE 560 001


2. THE COMMISSIONER OF COMMERCIAL TAXES


KARNATAKA STATE GOODS AND SERVICES TAX,


VANIJYA THERIGE KARYALAYA, KALIDASA ROAD,


GANDHI NAGAR, BANGALORE-560009


3. ASSISTANT COMMISSIONS OF COMMERCIAL TAXES


ENFORCEMENT, COMMERCIAL TAX BUILDING


NEAR GURUBHAVANA, RAJENDRANAGAR


HAVERI-581 110


…RESPONDENTS


(BY SRI.ADITYA VIKRAM BHAT, AGA)


IN WA NO. 1388/2026


BETWEEN:


SREEKRISHNA TRADERS


A PROPRIETORSHIP CONCERN REPRESENTED


BY ITS PROPRIETOR MR.MANJUNATH NAYAK


GROUND FLOOR, 92/1, MOOKUPPE CIRCLE,


MAIN ROAD, THAGARTHI SUB POST OFFICE,


THYGARTHI, SHIVAMOGGA-577 431.


…APPELLANT


(BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL FOR


SRI. SARAVANA S., ADVOCATE)


AND:


1. THE STATE OF KARNATAKA


THROUGH ITS PRINCIPAL SECRETARY,


FINANCE DEPARTMENT,


VIDHANA SOUDHA,


DR. B.R.AMBEDKAR VEEDHI,


BANGALORE-560 001.


2. THE COMMISSIONER OF COMMERCIAL TAXES,


KARNATAKA STATE GOODS AND SERVICES TAX,


VANIJYA THERIGE KARYALAYA,


KALIDASA ROAD, GANDHI NAGAR,


BANGALORE-560 009.


3. THE JOINT COMMISSIONER OF COMMERCIAL TAXES


(ENFORCEMENT),


2ND STAGE, 6TH CROSS,


RAGHAVENDRA COLONY,


ANANTHAPURA ROAD,


BALLARI-583 101.


4. THE COMMERCIAL TAX OFFICER


(ENFORCEMENT)-03,


DAVANAGERE, VANIJYA THERIGE BHAVANA


A BLOCK, DEVARAJ ARAS LAYOUT,


DAVANGERE-577 006


…RESPONDENTS


(BY SRI. ADITYA VIKRAM BHAT, AGA)

THESE APPEALS HAVING BEEN RESERVED FOR JUDGMENT ON 05.06.2026 COMING ON FOR PRONOUNCEMENT THIS DAY, RAJESH RAI K, J., DELIVERED THE FOLLOWING:

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE RAJESH RAI K)

Since common questions of law and facts are involved in W.A.No.1385/2026 and W.A.No.1388/2026, they are clubbed, heard together and are disposed of by this common judgment.

2. W.A.No.1385/2026 and W.A.No.1388/2026 are directed against the orders dated 28.04.2026 and 08.04.2026 respectively passed on I.A.1/2026 by the learned Single Judge in WP.No.34329/2025 (T-RES) and WP.No.33220/2025 (T-RES) respectively, whereby the learned Single Judge dismissed the I.A.No.1/2026 as withdrawn reserving liberty in favour of the petitioners therein to file a writ appeal. I.A.No.1/2026 is filed in both the writ petitions seeking modification of the interim orders dated 05.12.2025 and 13.11.2025 passed in W.P.No.34329/2025 and W.P.No.33220/2025 respectively.

3. The interim orders dated 05.12.2025 and 13.11.2025 reads as follows:

"In this petition, the petitioner seeks for the following interim relief:

"Pending disposal of the above writ petition, it is prayed that this Hon'ble Court may be pleased to direct the Respondents to release the goods and vehicle bearing No.HR38 AE 9809 and stay the operation of the Confiscation Order No.ACCT/ENF/HVR/VIG-15/2025-26 in Form GST MOV-11 dated 09.10.2025 (Annexure-B) and Summary Order No.ZD2910250237489 in GST DRC-07 in dated 09.10.2025 (Annexure-C) passed by the Respondent No.3."

Learned High Court Government Pleader for the respondents submits that the subject goods and vehicles may be provisionally released by imposing suitable terms and conditions in terms of the order dated 11.11.2024 passed by the Hon'ble Division Bench in W.A.No.1599/2024 in the case of The Assistant Commissioner of Commercial Taxes And Another Vs. Trillion Lead Factory Private Limited.

Learned Counsel for the petitioner submits that the petitioner is ready to abide by the terms and conditions as imposed by the Hon'ble Division Bench in the aforementioned judgment.

In view of the aforesaid facts and circumstances, and joint submissions made by both sides, pending disposal of the present petition, I deem it just and appropriate to direct the respondents to release the subject goods and vehicles in favour of the petitioner subject to the petitioner furnishing 25% of the demand raised in GST DRC-07 dated 09.10.2025 vide Annexure 'C' and furnishing Bank Guarantee to the remaining extent of 75%.

Liberty is reserved in favour of the respondents to seek vacation/modification of this order."

4. Heard Sri D.R.Ravishankar, learned Senior Counsel appearing for the appellant and the learned Additional Government Advocate for the respondents.

5. It is the contention of the learned Senior Counsel appearing for the appellant that subsequent to passing of the aforesaid interim orders dated 05.12.2025 and 13.11.2025, in a batch of similar matters involving identical questions of law and fact i.e., wherein the arecanut traders were subjected to identical interception, detention and confiscation proceedings by the very same respondents in Chitradurga District, in WP.Nos.37627/2025, 37643/2025, 37805/2025 and 37841/2025, this Court has passed orders staying the impugned detention orders and also directed release of the goods and conveyances on the terms that the petitioners shall deposit 200% of the tax payable on the subject goods with the concerned respondents and the petitioners shall execute indemnity bonds in favour of the concerned respondents at the time of obtaining release of subject goods and conveyances.

6. According to the learned Senior Counsel, the facts and circumstances of the instant cases are identical to those in the batch of writ petitions referred to above. He further contends that the prescribed timeline for conducting and concluding inspection/verification proceedings is a maximum period of three days, as stipulated under Rule 138C of t

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