BharatTaxGST

Sai Enterprise vs. The State Of Karnataka

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WP/108319/2025HC KarnatakaGSTCNR KAHC02021980202524 November 2025Bench: M.NAGAPRASANNA4 pages
For Petitioner: SRI. VINAYAK.S.C, ADVOCATEFor Respondent: SRI. T. HANUMAREDDY, AGA

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Cause title — parties, addresses and appearances
- 1 - HC-KAR NC: 2025:KHC-D:16105 WP No. 108319 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108319 OF 2025 (T-RES) BETWEEN: SAI ENTERPRISE REPRESENTED BY ITS PROPRIETOR, SHRI. HAROON S/O. RASIDBHAI SHAIKH, AGE: 31 YEARS, OCC: BUSINESS, RESIDENT OF: TALAVADI, LIMDA CHOWK, BARDOLI, PO: BARDOLI, DIST: SURAT, GUJRAT-394601. OFIFICE AT: SY.NO. 62/3, NAGARAMGERE, CHALLAKERE, CHITRADURGA 577522, …PETITIONER (BY SRI. VINAYAK.S.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, OFFICE ADDRESS II FLOOR, VIDHAN SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001, 2. THE COMMERCIAL TAX OFFICER, ENF -6,NZ, BELAGAVI, II FLOOR,SUMOULYA SOUDHA, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.02 11:53:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16105 WP No. 108319 of 2025 CLUB ROAD, BELAGAVI 590001, 3. THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (ENFORCEMENT) CHITRADURGA, 6CF5+HMP, CK PURA, CHITRAGURGA, KARNATAKA-577501. 4. THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, (LGSTO)-485 CHALLAKERE, NRR ARCADE, OPP CHALLAKERAMMA TEMPLE, BALLARI ROAD, CHELLAKERE 577522, …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A. THIS HON BLE HIGH COURT MAY BE PLEASED TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER IN THE FORM OF WRIT ON THE RESPONDENT NO. 4 CALLING FOR THE DOCUMENTARY AND ELECTRONIC RECORDS OF REGISTRATION OF THE PETITIONER WHEREBY THE PETITIONER WAS REGISTERED IN THE STATE OF KARNATAKA UNDER THE RELEVANT GST ACTS WITH REG. NO. 29GGHPS9621G1ZR. AT ANNEXURE-A. B. THIS HON BLE HIGH COURT MAY BE PLEASED TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER IN THE FORM OF WRIT ON THE RESPONDENT NO. 2 CALLING FOR

ALL THE RECORDS LEADING TO THE UNLAWFUL ORDER OF DETENTION AND TO QUASH THE IMPUGNED ORDER OF DETENTION OF GOODS AND CONVEYANCE IN FORM GST MOV-06 DATED 09/10/2025 BEARING NO. ZD291025024189E ID-2910250068528 PASSED BY RESPONDENT NO. 2, RECEIVED BY THE PETITIONER ON HC-KAR NC: 2025:KHC-D:16105 15/10/2025, PRODUCED HEREWITH AND MARKED AT ANNEXURE-M.

C. THIS HON BLE HIGH COURT MAY BE PLEASED TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER IN THE FORM OF WRIT ON THE RESPONDENT MANDATING THE RESPONDENTS TO PAY JOINTLY AND/OR SEVERALLY TO THE PETITIONER ALL THE LOSSES, DAMAGES ETC. AMOUNTING TO RS. 10,46,041/-SUFFERED BY THE PETITIONER ON ACCOUNT OF VIOLATION OF FUNDAMENTAL RIGHTS, RS. 10,000/- PER DAY ON ACCOUNT OF IDLE HALTING CHARGES PAYABLE TO THE CONVEYANCE AND DRIVER FROM 04/10/2025 I.E. THE DAY OF INTERCEPTION AS PER ANNEXURE-E TILL THE DAY THE DETENTION CONTINUES, ALL THE COSTS OF THIS PETITION AND/OR ANY OTHER AMOUNT AS MAY BE DEEMED APPROPRIATE BY THIS HON BLE COURT.

D. THIS HON BLE HIGH COURT MAY BE PLEASED TO TAKE SUITABLE ACTION AGAINST THE RESPONDENTS FOR GROSSLY IGNORING, NEGLECTING, OVERSTEPPING JUDICIAL PRONOUNCEMENTS FROM COURTS OF RECORD AND GROSSLY UNDERMINING AND VIOLATING NOTIFICATIONS, CIRCULARS ETC. ISSUED BY THE GOVERNMENT IN RESPECT OF DETENTION AND CONFISCATION OF GOODS AND CONVEYANCE SO THAT SUCH INCIDENCES ARE PREVENTED FROM RECURRING.E. THIS HON BLE HIGH COURT MAY BE PLEASED TO GRANT ANY OTHER RELIEF WHICH IS DEEMED APPROPRIATE BY THIS HONBLE HIGH COURT UNDER THE CIRCUMSTANCES OF THE PETITION.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: HC-KAR NC: 2025:KHC-D:16105 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1.

This Court on 17.11.2025 had passed the following order: “ The learned AGA submits that pursuant to the impugned proceedings a confiscation order is also passed against the petitioner.

The petitioner will have to now challenge the confiscation orders, if so aggrieved.

List the matter on 24.11.2025.”

2.

The learned counsel for the petitioner submits that challenging the order of confiscation and raising all the grounds that are urged in the subject petition, Writ Petition No.108705/2025 is preferred.

3.

In the light of the said circumstance, the petition is rendered infructuous and is disposed as having become infructuous, with liberty to urge all the grounds that are urged in the subject petition in Writ Petition No.108705/2025. Ordered accordingly. (M.NAGAPRASANNA) JUDGE Kmv CT:ANB

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.