Karnataka High Court
Sai Enterprise vs The State Of Karnataka on 24 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC-D:16105
WP No. 108319 of 2025
HC-KAR
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)
VISHAL
NINGAPPA
PATTIHAL
Digitally signed by
AND:
VISHAL NINGAPPA
PATTIHAL
Location: High Court of
Karnataka Dharwad Bench
Date: 2025.12.02 11:53:21
+0530
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,
-2-
NC: 2025:KHC-D:16105
WP No. 108319 of 2025
HC-KAR
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
-3-
NC: 2025:KHC-D:16105
WP No. 108319 of 2025
HC-KAR
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:
-4-
NC: 2025:KHC-D:16105
WP No. 108319 of 2025
HC-KAR
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.
Sd/-
(M.NAGAPRASANNA)
JUDGE
Kmv CT:ANB