Karnataka High Court
WP/28310/2026 of S P HARISH KUMAR Vs THE STATE OF KARNATAKA on 29 September 2026
CNR: KAHC010623562026 NC: 2026:KHC:54332 WP No. 28310 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 28310 OF 2026 (GM-FOR) BETWEEN: 1. S P HARISH KUMAR S/O. POOVAIAH .S.K. AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 28310 OF 2026 (GM-FOR)
BETWEEN:
1.
S P HARISH KUMAR
S/O. POOVAIAH .S.K.
AGED ABOUT 41 YEARS,
RESIDING AT SINGATHURU,
CHETTIMANI, MADIKERI,
KODAGU-571 247.
…PETITIONER
(BY SRI. R.K. MAHADEVA.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP. BY RANGE FOREST OFFICER
FOREST SQUAD, MADIKERI,
KODAGU-571 247
2.
AUTHORIZED OFFICER AND
DEPUTY CONSERVATOR OF FORESTS,
MADIKERI, KODAGU-571 247
MYSURU DISTRICT.
…RESPONDENTS
(BY SRI. HARISHA A S, AGA)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ALLOW THE PETITION
AND
DIRECT
THE
AUTHORIZED
OFFICER
AND
DEPUTY
HC-KAR
CONSERVATOR OF FORESTS, MADIKERI / RESPONDENT NO. 2
TO CONSIDER THE APPLICATION DATED 23.06.2026 FILED BY
THE PETITIONER TO RELEASE THE ASHOK LEYLAND DOST
LORRY BEARING REG. NO.KA-45-A-0961 IN FOC NO. 15/2025- 26 VIDE ANNEXURE-A IN FAVOUR OF THE PETITIONER WITHIN
7 DAYS FROM THE DATE OF THE ORDER OF THIS HONBLE
COURT AND FURTHER DIRECT THE RESPONDENT NO. 2 TO
RELEASE
THE
VEHICLE
WITHOUT
INSISTING
BANK
GUARANTEE AND ACCEPTING SURETY.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present writ petition is filed seeking for the following reliefs:
"a) Allow the petition and direct the Authorized Officer and Deputy Conservator of Forests, Madikeri / respondent No. 2 to consider the application dated 23.06.2026 filed by the Petitioner to release the Ashok Leyland Dost Lorry bearing Reg. No.KA-45-A-0961 in FOC No. 15/2025-26 vide Annexure-A in favour of the Petitioner within 7 days from the date of the order of this Hon'ble Court and further direct the respondent No. 2 to release the vehicle without insisting bank guarantee and accepting surety; b)Pass such other order/s as this Hon'ble Court deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity."
HC-KAR
2. The grievance of the petitioner is that the application dated 23.06.2026 filed under Section 71(A) of the Karnataka Forest Act, 1963 in FOC No.15/2025-26 is pending before the respondent No.2 - Deputy Commissioner, and the same has not been acted upon.
3. Learned AGA submits that the application shall be considered in accordance with the law if reasonable time is granted.
4. The learned counsel for the petitioner relies upon the judgment of the Co-ordinate Bench of this Court in the case of Saleem S/o Moudin Vs. State of Karnataka1 whereunder this Court, in a similar fact situation directed consideration of the application of the petitioner without the requirement of furnishing a Bank Guarantee.
1 WP No.15974/2021 DD 07.09.2021
HC-KAR
5. Accordingly, a similar order is to be passed in the present case.
6. The present writ petition is disposed of directing the respondent to consider the application for release of the vehicle in terms of the application dated 23.06.2026 (Annexure A to the writ petition) without requiring the petitioner to furnish a Bank Guarantee, as expeditiously as possible in any event not later than two weeks form the date of receipt of copy of this order.
7. Pending IAs.,if any, also stand disposed of.
(C.M. POONACHA) JUDGE
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