M/S PRUTHVI BUILDER AND DEVELOPERS vs SRI MARUTI S/O BABU NAIK
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-D:16917
WP No. 106629 of 2026
C/W WP No. 106497 of 2026
WP No. 106499 of 2026
AND 3 OTHERS
CNR: KAHC020137612026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 106629 OF 2026 (GM-CON)
C/W
WRIT PETITION NO. 106497 OF 2026 (GM-CON)
WRIT PETITION NO. 106499 OF 2026 (GM-CON)
WRIT PETITION NO. 106500 OF 2026 (GM-CON)
WRIT PETITION NO. 106501 OF 2026 (GM-CON)
WRIT PETITION NO. 106502 OF 2026 (GM-CON)
IN WP NO. 106629/2026:
BETWEEN:
1. M/S PRUTHVI BUILDER AND DEVELOPERS,
REP. BY SHIVANAGOUDA,
S/O RUDREGOWDA PATIL,
AGED ABOUT 54 YEARS,
ND
R/AT: NO-14A/B, 2 FLOOR,
WALI ARCADE,
OPP. J G COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI.
2. SRI. SHIVANAGOUDA
S/O RUDREGOWDA PATIL,
AGED ABOUT 54 YEARS,
ND
R/AT: NO-14A/B, 2 FLOOR,
WALI ARCADE,
OPP. J.G. COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI.
Digitally
signed by
SAROJA
HANGARAKI
Location:
HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
SAROJA
HANGARAKI
… PETITIONERS
(BY SRI. M.L. VANTI, ADVOCATE)
AND:
1. SRI. SUNIL D. BHAGALE,
AGED ABOUT 44 YEARS,
OCC: PRIVATE SERVICE,
R/O NO: PRIVATE SERVICE,
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HC-KAR
NC: 2026:KHC-D:16917
WP No. 106629 of 2026
C/W WP No. 106497 of 2026
WP No. 106499 of 2026
AND 3 OTHERS
CNR: KAHC020137612026
R/O. C/O. RENUKA SINGAD,
BLOCK NO.4, HOUSE NO.37,
NEW POLICE QUARTER,
KARWAR ROAD,
HUBBALLI-580031.
2. SRI. MANOHAR T. CHAVAN,
AGE ABOUT 40 YEARS,
OCC: PRIVATE SERVICE,
R/O: II FLOOR, NARAYANA BUILDING,
NEAR BROKE FILED, SCHOOL,
SAMPIGE NAGAR,
ELECTRONIC CITY,
BENGALURU-560100.
3. MR. RAMACHANDRA D. PATAR,
AGE: 46 YEARS,
OCC: PRIMARY SCHOOL TEACHER,
RD
R/O: SHRI DUNDAPPA NILAYA 3 CROSS,
GANESH COLONY, NEKAR NAGAR,
OLD HUBBALLI-580024.
4. DR. SAMPATHLAXMI I. HUGAR,
AGE: 54 YEARS, OCC: MEDICAL PRACTITIONER,
R/O: C/O. II HUGAR, BAIF POST BOX NO.3,
SHARADAHA NAGARA, NEAR HASAN CIRCLE,
TIPTOR-572202.
5. SRI. NIRAMALA BASAPPA HUAGAMMANAVAR,
AGE: 38 YEARS, OCC: GOVT. EMPLOYEE,
R/O: B.N. HULAGAMMANAVAR,
RD
HOSE NO.133, 3 CROSS, KOPPADAKERI,
JANATHA COLONY, MALAPUR,
DHARWAD-580008.
6. SMT. VISHWANTH B. HIREMANI,
AGE: 38 YEARS, OCC: ASST. TEACHER,
R/O. HOUSE NO.101,
K.C.C. BANK COLONY, NAVANAGAR,
HUBBALLI-580025.
7. M.R. NAGARAJ BASAPPA HULAGAMMANAVAR,
AGE: 34 YEARS, OCC: GOVT. EMPLOYEE,
R/O. C/O B.N. HULAGAMMANAVAR,
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HC-KAR
NC: 2026:KHC-D:16917
WP No. 106629 of 2026
C/W WP No. 106497 of 2026
WP No. 106499 of 2026
AND 3 OTHERS
CNR: KAHC020137612026
RD
HOUSE N.133, 3 CROSS, KOPPADAKERI,
JANATA COLONY, MALAPUR, DHARWAD.
8. BASANAGOUDA R. GOUDAR,
AGE: 45 YEARS, OCC: GOVT. EMPLOYEE,
R/O: NO 76A/5F, VENKATADRI COLONY,
NADIGER COMPOUND, SAPTAPUR,
DHARWAD-580001.
9. RENUKA K. VADEYANPUR,
AGE:55 YEARS, OCC: HOUSEHOLD,
R/O. AT POST: VIDYANAGAR,
HIREKERUR, HAVERI-581111.
10. CHINTAMANI I. SURPUR,
AGED ABOUT 56 YEARS,
OCC: GOVT. EMPLOYEE,
R/O: O/O SUPERINTENDENT OF POST OFFICES,
BAGALKOT DIVISION-587101.
11. KALLAPPA H. MATTI,
AGED ABOUT 48 YEARS,
OCC: BUSINESS,
R/O: HOUSE NO.37,
GHANTIKERI ONI,
HUBBALLI-580020.
12. GIRIJA P. CHAVANAVAR,
AGED ABOUT 50 YEARS,
OCC: HOUSE HOLD,
R/O: PLOT NO.79/1,
KIADB, TAPOVAN,
HALIYAL ROAD,
DHARWAD-580001.
13. SHRIKANTH H. MATTI,
AGED ABOUT 48 YEARS,
OCC: BUSINESS,
R/O: HOUSE NO.37,
GHNATIKERI ONI,
HUBBALLI-580020.
14. SHRIKANTH H. MATTI,
AGED ABOUT 37 YEARS,
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HC-KAR
NC: 2026:KHC-D:16917
WP No. 106629 of 2026
C/W WP No. 106497 of 2026
WP No. 106499 of 2026
AND 3 OTHERS
CNR: KAHC020137612026
OCC: TEACHER,
R/O: HOUSE NO.101,
K.C.C. BANK COLONY,
NAVANAGAR,
HUBBALLI-580025.
15. SMT. SHARADA W/O SHIVAJI KALE,
AGED ABOUT 70 YEARS,
R/AT: NO-25,
DEVADAYAM BUILDING,
BHAVIKATTI PLOTS,
NEAR SANKAR MATH,
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
… RESPONDENTS
(BY SRI. GANGADHAR S. HOSAKERI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
CERTIORARI TO QUASH THE ORDER DATED 11/02/2023 PASSED BY
THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
DHARWAD IN EA NO-213/2023, EA NO-221/2023, EA NO-2/2024, EA
NO-214/2023, EA NO-222/2023, EA 217/2023, AND EA 223/2023
PRODUCED AT ANNEXURE-A, A-1, A-2, A-3, A-4, A-5, AND A-6
RESPECTIVELY EA NO-204/2023, EA-205/2023, EA-206/2023, EA-
207/2023, EA-208/2023, EA-209/2023, EA-210/2023, AND EA-
211/2023 PRODUCED AT ANNEXURE-C, C-1 AND C-7 RESPECTIVELY,
ALSO PRAYED TO DECLARE THAT ARREST OF THE PETITIONER IS
ILLEGAL AND PREMATURE BEFORE CONCLUDING THE ENQUIRY
UNDER SECTION 72 OF CONSUMER PROTECTION ACT AND DIRECT
THE DCDRC DHARWAD TO RELEASE THE PETITIONER TILL
CONCLUDE THE ENQUIRY UNDER SECTION 72 OF SAID ACT, ALSO
PRAYED FOR ANY OTHER ORDER DEEMS FIT OF THIS COURT UNDER
THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST
OF JUSTICE AND EQUITY.
IN WP NO. 106497/2026:
BETWEEN:
1. M/S PRUTHVI BUILDER AND DEVELOPERS,
REP. BY SHIVANAGOUDA,
S/O RUDREGOWDA PATIL,
AGED ABOUT 54 YEARS,
ND
R/AT: NO-14A/B, 2 FLOOR,
- 5 -
HC-KAR
NC: 2026:KHC-D:16917
WP No. 106629 of 2026
C/W WP No. 106497 of 2026
WP No. 106499 of 2026
AND 3 OTHERS
CNR: KAHC020137612026
WALI ARCADE,
OPP. JG COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI.
2. SRI. SHIVANAGOUDA
S/O RUDREGOWDA PATIL,
AGED ABOUT 54 YEARS,
ND
R/AT: NO-14A/B, 2 FLOOR,
WALI ARCADE,
OPP. J.G. COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI.
... PETITIONERS
(BY SRI. M.L. VANTI, ADVOCATE)
AND:
1. SRI. SHASHIDHAR B. BANAKAR,
AGED ABOUT 55 YEARS,
2. SRI. SATEESH KUMAR BANAKAR,
AGED ABOUT 50 YEARS,
3. SRI. ARAVINDKUMAR B. BANKAR,
AGED ABOUT 46 YEARS,
4. SMT. HARSHA
W/O ARAVINDKUMAR BANKER,
AGED ABOUT 43 YEARS,
5. SRI. KAILASH DEVARKAR,
AGED ABOUT 37 YEARS,
ALL ARE RESIDING AT NO.1253
TH
5 MAIN, MRUTHYUNJAYA NAGAR,
ANURADHA, RANEBENNUR-581115.
... RESPONDENTS
(BY SRI. KUSHAL V. BOLMAL, ADVOCATE FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
CERTIORARI TO QUASH THE ORDER DATED 27/07/2026 PASSED BY
THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
DHARAWAD IN EA NO.34/2025 AND EA NO.35/2025, PRODUCED AT
ANNEXURE-A AND A1 RESPECTIVELY, EA NO.32/2025 AND EA
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HC-KAR
NC: 2026:KHC-D:16917
WP No. 106629 of 2026
C/W WP No. 106497 of 2026
WP No. 106499 of 2026
AND 3 OTHERS
CNR: KAHC020137612026
NO.31/2025, PRODUCED AT ANNEXURE-C TO C1 RESPECTIVELY, EA
NO.33/2025, EA NO.37/2025 AND EA NO.38/2025, PRODUCED AT
ANNEXURE-E TO E2 RESPECTIVELY, EA NO.25/2025, EA
NO.27/2025, EA NO.28/2025, EA NO.29/2025, EA NO.30/2025 AND
EA NO.36/2025, PRODUCED AT ANNEXURE-G TO G5 RESPECTIVELY
ALSO PRAYS TO DECLARE THAT ARREST OF THE PETITIONER IS
ILLEGAL AND PREMATURE BEFORE CONCLUDING THE ENQUIRY AS
PER S-72 OF CONSUMER PROTECTION ACT., 2019 AND DIRECT THE
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AT
DHARWAD TO RELEASE THE PETITIONER TILL CONCLUDE THE
ENQUIRY UNDER SECTION 72 OF SAID ACT., ALSO PRAYS FOR ANY
OTHER ORDER OR DIRECTION AS THIS COURT DEEMS FIT UNDER
THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST
OF JUSTICE AND EQUITY.
IN WP NO. 106499/2026:
BETWEEN:
1. M/S PRUTHVI BUILDER AND DEVELOPERS,
REP. BY SHIVANAGOUDA,
S/O RUDREGOWDA PATIL,
AGED ABOUT 54 YEARS,
ND
R/AT: NO-14A/B, 2 FLOOR,
WALI ARCADE,
OPP. J G COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI.
2. SRI. SHIVANAGOUDA
S/O RUDREGOWDA PATIL,
AGED ABOUT 54 YEARS,
ND
R/AT: NO-14A/B, 2 FLOOR,
WALI ARCADE,
OPP. J.G. COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI.
... PETITIONERS
(BY SRI. M.L. VANTI, ADVOCATE)
AND:
1.
MR. SOLOMON S/O RAJASHEKAR RAJABABU,
AGED ABOUT 39 YEARS,
OCC. PRIVATE SERVICE,
NO.75/D HOUSE NO.2
PRIYADARSHINI COLONY,
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HC-KAR
NC: 2026:KHC-D:16917
WP No. 106629 of 2026
C/W WP No. 106497 of 2026
WP No. 106499 of 2026
AND 3 OTHERS
CNR: KAHC020137612026
2.
3.
4.
5.
6.
7.
RD
3 CROSS, GOKUL ROAD,
HUBBALLI-580030.
MR. ISHWAR HANAMANTHASA KHATAWATE,
AGED ABOUT 44 YEARS, OCC: BUSINESS,
TH
NO.250, III MAIN, 9 CROSS, RAVI NAGAR,
GOKUL ROAD, HUBBALLI-580030.
SMT. SUJATA SRI D/O DHONDIBA MANE,
AGED ABOUT 50 YEARS,
OCC. SERVICE,
RESIDENT OF MADIHAL ROAD,
NEAR JOSHI KALYAN MANTAP,
DHARWAD.
SMT. NIRMALA SHIVASHANKARAYYA,
AGED ABOUT 51 YEARS,
OCC: PVT. SERVICE,
R/O. S.K HIREMATH,
ST
1 CROSS, GANDHINAGAR,
DHARWAD.
SRI. KALYANAPPA
S/O SHARANAPPA MAMMANI,
AGED ABOUT 46 YEARS,
OCC: PRIVATE JOB,
R/O: OM ENCLAVE APARTMENT,
H.NO.302, TENGINAKAI LAYOUT,
VIDYA NAGAR, HUBBALLI,
DIST: DHARWAD.
SRI. VENKATESH
S/O RAMAKOTESHWAR RAO GARAPATHI,
AGED ABOUT 39 YEARS,
OCC: PRIVATE JOB,
R/O. SRI SAI NAGAR SIRUGUPPA,
DIST: BALLARI.
SRI. SIDDALINGAPPA
S/O RACHAPPA BIRADAR,
AGED ABOUT 36 YEARS,
OCC: BUSINESS, R/O. REVAGGI,
TQ. KAMALAPUR,
DIST. KALBURGI-585322.
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HC-KAR
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WP No. 106629 of 2026
C/W WP No. 106497 of 2026
WP No. 106499 of 2026
AND 3 OTHERS
CNR: KAHC020137612026
8.
9.
10.
11.
12.
13.
ER.SHRIKANT S. CHANNAL
S/O LATE SHIVALINGAPPA U. CHANNEL,
AGED ABOUT 61 YEARS,
OCC: PRIVATE SERVICE,
RD
R/O: NO.124/S2, 3 FLOOR,
RD
3 MAIN, OPP. ISKON,
MAHALAXMIPUR FURTHER EXTENTION,
BANGLORE-560086.
SRI. SADASHIVAYYA A. CHIKKAMATH,
AGED ABOUT 86 YEARS,
OCC: RETIRED, R/O: H.NO.71,
ADYAPAK NAGAR, AMARGOL,
HUBBALLI-580025.
SMT. AKKAMAHADEVI
D/O SHIVAPPA PALLED,
AGED ABOUT 37 YEARS,
OCC: HOUSE WIFE,
R/O: WARD NO.1, DARGAD ONI,
HUNAGUND, DIST. BAGALKOT,
SRI. PRAVEEN
S/O GANGADHARAYYA HIREMATH,
AGED ABOUT 44 YEARS,
OCC: HOUSE WIFE,
R/O: #42, ANAND NAGAR ROAD,
ND
NAGALING NAGAR, 2 CROSS,
OLD HUBLI, HUBBALLI,
DIST: DHARWAD.
SRIDHAR D. WADEYAR,
AGED ABOUT 71 YEARS,
OCC: BUSINESS,
R/O: FLAT NO.15,
SITE NO.103/1,
SAI SUMUKHA TELECOM CLUSTERS
TELECOM CLUSTERS TELECOM COLONY,
NEW TIMBER YARD LAYOUT,
MYSORE ROAD, BANGLORE-560021.
MRS. GEETA GURURAJ KULKARNI,
AGED ABOUT 56 YEARS,
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C/W WP No. 106497 of 2026
WP No. 106499 of 2026
AND 3 OTHERS
CNR: KAHC020137612026
14.
15.
OCC: HOUSEHOLD,
R/O: B-6, SOMESHWAR RESIDENCY,
NEAR TAVARGERE NURSING HOME,
BEHIND R N SHETTY STADIUM,
DHARWAD-580008.
SRI. JAGANNATH M. ARKACHARI,
AGED ABOUT 65 YEARS,
OCC: R/O:C/O: DEEPAK,
ARKACHARI, NO.16, KALYANI,
NEAR KAMAKSHIPALYA POLICE STATION,
ASHTAGRAMA LAYOUT,
BASAVESHWARNGAR,
BANGLORE-79.
SRI. VISHNU DONDIBA HANCHATE,
AGED ABOUT 49 YEARS,
OCC: R/O:EWS-100,
NEAR KARNATAKA CIRCLE,
NAVANAGAR, HUBBALLI.
... RESPONDENTS
(BY SRI. MALLIKARJUNASWAMY B. HIREMATH, ADVOCATE FOR R5
TO R7, R10 AND R11;
SRI. KARTIK GANACHARI, ADVOCATE FOR R3;
MISS RESHMA MADIWALAR, ADVOCATE FOR R12)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
CERTIORARI TO QUASH THE ORDER DATED 27/07/2026 PASSED BY
THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
DHARAWAD IN EA NO-138/2024 PRODUCED AT ANNEXURE-A, EA
NO-5/2025, PRODUCED AT ANNEXURE-B, EA NO-163/2025,
PRODUCED AT ANNEXURE-C, EA NO-4/2026, PRODUCED AT
ANNEXURE-D, EA NO-85/2026, PRODUCED AT ANNEXURE-E, EA NO-
86/2026, PRODUCED AT ANNEXURE-F, EA NO-88/2026, PRODUCED
AT ANNEXURE-G, EA NO-209/2024, PRODUCED AT ANNEXURE-H, EA
NO-78/2025, PRODUCED AT ANNEXURE-J, EA NO-91/2026,
PRODUCED AT ANNEXURE-K, EA NO-92/2026, PRODUCED AT
ANNEXURE-L, EA NO-62/2026, PRODUCED AT ANNEXURE-M, EA NO-
44/2026, PRODUCED AT ANNEXURE-N, EA NO-02/2026, PRODUCED
AT ANNEXURE-P, EA NO-05/2026, PRODUCED AT ANNEXURE-P1,
ALSO PRAYS TO DECLARE THAT ARREST OF THE PETITIONER IS
ILLEGAL AND PREMATURE BEFORE CONCLUDING THE ENQUIRY AS
PER S-72 OF CONSUMER PROTECTION ACT., 2019 AND DIRECT THE
- 10 -
HC-KAR
NC: 2026:KHC-D:16917
WP No. 106629 of 2026
C/W WP No. 106497 of 2026
WP No. 106499 of 2026
AND 3 OTHERS
CNR: KAHC020137612026
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AT
DHARWAD TO RELEASE THE PETITIONER TILL CONCLUDE THE
ENQUIRY UNDER SECTION 72 OF SAID ACT., ALSO PRAYS FOR ANY
OTHER ORDER OR DIRECTION AS THIS COURT DEEMS FIT UNDER
THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST
OF JUSTICE AND EQUITY.
IN WP NO. 106500/2026:
BETWEEN:
1. M/S. PRUTHVI BUILDER AND DEVELOPERS,
REP. BY SHIVANAGOUDA
S/O RUDREGOWDA PATIL,
AGED ABOUT 54 YEARS,
ND
R/AT: NO-14A/B, 2 FLOOR,
WALI ARCADE,
OPP. J G COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI.
2. SRI. SHIVANAGOUDA
S/O RUDREGOWDA PATIL,
AGED ABOUT 54 YEARS,
ND
R/AT: NO-14A/B, 2 FLOOR,
WALI ARCADE,
OPP. J.G. COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI.
... PETITIONERS
(BY SRI. M.L. VANTI, ADVOCATE)
AND:
1. SMT. SHAILAJA
W/O GURUSHIDDAYYA KALLIMATH,
AGED ABOUT 59 YEARS,
OCC. HOUSE WIFE,
R/O. H.NO. 57,
SHIVAPUR COLONY,
GOKUL ROAD,
HUBBALLI-30.
2. SURESHGOUDA
S/O SHANTAVEERAGOUDA HIREGOUDAR,
AGED ABOUT 42 YEARS,
OCC. PRIVATE SERVICE,
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HC-KAR
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C/W WP No. 106497 of 2026
WP No. 106499 of 2026
AND 3 OTHERS
CNR: KAHC020137612026
ST
R/O. NO.87, 1 MAIN,
RD
3 CROSS, DCM TOWNSHIP
NEAR MEDICAL SHOP,
DAVANGERE-577001.
3. SHRIDEVI K. PATIL,
AGED ABOUT 56 YEARS,
OCC. ASST. PROFESSOR,
R/O. PLOT NO.168-S,
TH
13 CROSS, SANLKALP BUILDING,
SARASWATI BADAVANE,
SECTOR NO.63, NAVANAGAR,
BAGALKOT-587103.
4. SUSHEELA K. NAIK
W/O SHIVANANDAPPA T.H.,
AGED ABOUT 69 YEARS,
OCC. RETIRED GOVERNMENT SERVANT,
R/O. #353, OPP. RAJGURU KALAYANA KENDRA,
ANKALEKOPPA, SAGAR,
SHIVAMOGGA-577401.
5. VASANT S/O SUBBRAYAPPA BULBULE,
AGED ABOUT 65 YEARS,
OCC. RETIRED, R/O. #65/23,
“SRI BHIMAMBIKA”,
NEAR KUMARESHWAR NAGAR,
MUKAMBIKA NAGAR,
DHARWAD.
6. SUBBARAO S/O VASANT BULBULE,
AGED ABOUT 38 YEARS,
OCC. PVT. JOB, R/O. #65/23,
“SRI BHIMAMBIKA”,
NEAR KUMARESHWAR NAGAR,
MUKAMBIKA NAGAR,
DHARWAD.
7. PADMANABH J.R.,
AGED ABOUT 49 YEARS,
OCC. SERVICE, R/O. MANTGANI,
POST: KALASUR, SAVANUR TQ.
DIST. HAVERI.
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C/W WP No. 106497 of 2026
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AND 3 OTHERS
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8. SHRISHAIL S/O MALLAPPA MALAGHAN,
AGED ABOUT 38 YEARS, OCC. PVT. SERVICE,
R/O. GOKHUL ROAD, HUBBALLI, NOW
R/A. C/O MUNIRAJU M.H.,
ND
NO. 117, 2 FLOOR,
ND
2 MAIN, MARENAHALLI,
VIJAYANAGAR, BANGALORE.
9. VADIRAJ G. HALAPETI,
AGED ABOUT 74 YEARS,
OCC. RTD. PVT. EMPLOYEE,
R/O. NO.69, SATHYABHODA MATH,
OLD HUBBALLI, HUBBALLI-580024.
10. RAJASHREE D/O SHIVAKUMARSWAMY
HANAGAWADIMATH,
AFTER MARRIAGE RAJASHREE
W/O RUDRAYYA MUDENURMATH,
AGED ABOUT 42 YEARS, OCC. LECTURER,
R/O. KLE QUARTERS,
COMMERCE COLLEGE CAMPUS,
HUBBALLI-589030.
11. AJIT S/O SHIVAKUMARSWAMY
HANAGAWADIMATH,
AGED ABOUT 35 YEARS,
OCC. PRIVATE SERVICE,
R/AT: BANNERAGHATTA ROAD,
BENGALURU.
... RESPONDENTS
(BY SRI. M.B. PUJARI, ADVOCATE FOR R3 AND R9;
SRI. SANKET S. AMBALI, ADVOCATE FOR R5 AND R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
CERTIORARI TO QUASH THE ORDER PASSED BY THE DISPUTES
REDRESSAL COMMISSION DHARAWAD IN ANNEXURES,
A,B,C,E,F,G,H,J,K AND K-1 DATED 13-07-2026 AND IN ANNEXURE-D
AND D-1 DATED 15-07-2027 STATED IN DETAIL AS FOLLOWS, EA
NO-101/2024 PRODUCED AT ANNEXURE-A, EA NO-134/2024
PRODUCED AT ANNEXURE-B, EA NO-196/2024 PRODUCED AT
ANNEXURE-C, EA NO-122/2025 AND EA 123/2025 PRODUCED AT
ANNEXURE-D AND D-1, EA NO-14/2026 PRODUCED AT ANNEXURE-
E, EA NO-15/2026 PRODUCED AT ANNEXURE-F, EA NO-31/2026
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HC-KAR
NC: 2026:KHC-D:16917
WP No. 106629 of 2026
C/W WP No. 106497 of 2026
WP No. 106499 of 2026
AND 3 OTHERS
CNR: KAHC020137612026
PRODUCED AT ANNEXURE-G, EA NO-3/2026 PRODUCED AT
ANNEXURE-H, EA NO-59/2025 PRODUCED AT ANNEXURE-J, EA NO-
119/2024 AND EA 120/2024 PRODUCED AT ANNEXURE-K AND K-1,
ALSO PRAYS TO DECLARE THAT ARREST OF THE PETITIONER IS
ILLEGAL AND PREMATURE BEFORE CONCLUDING THE ENQUIRY AS
PER S-72 OF CONSUMER PROTECTION ACT., 2019 AND DIRECT
THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AT
DHARWAD TO RELEASE THE PETITIONER TILL CONCLUDE THE
ENQUIRY UNDER SECTION 72 OF SAID ACT., ALSO PRAYS FOR ANY
OTHER ORDER OR DIRECTION AS THIS COURT DEEMS FIT UNDER
THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST
OF JUSTICE AND EQUITY.
IN WP NO. 106501/2026:
BETWEEN:
1. M/S PRUTHVI BUILDER AND DEVELOPERS,
REP. BY SHIVANAGOUDA,
S/O RUDREGOWDA PATIL,
AGED ABOUT 54 YEARS,
ND
R/AT: NO-14A/B, 2 FLOOR,
WALI ARCADE,
OPP. J G COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI-580021.
2. SRI. SHIVANAGOUDA
S/O RUDREGOWDA PATIL,
AGED ABOUT 54 YEARS,
ND
R/AT: NO-14A/B, 2 FLOOR,
WALI ARCADE,
OPP. J.G. COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI-580021.
... PETITIONERS
(BY SRI. M.L. VANTI, ADVOCATE)
AND:
1. SRI. MARUTI S/O BABU NAIK,
AGED ABOUT 62 YEARS,
OCC. RTD., R/O. H.NO.32/1,
TH
TYPE 5 COLONY,
AMBIKA NAGAR,
DANDELI-580029.
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2. SRI. NAGARAJ S/O FAKKIRAPPA,
AGE ABOUT 56 YEARS, OCC. SERVICE,
ST
R/O. H.NO.1/1, “D” TYPE 1 COLONY,
AMBIKA NAGAR, DANDELI.
3. SMT. DEEPA W/O RAJESH SHET,
AGE. 40 YEARS, OCC. HOUSE HOLD,
R/O. C/O. SAVITA SOFT COMPUTER EDUCATION,
BEHIND RAMBAPURI KALYAN MANTAP,
KALYAN NAGAR, HUBBALLI.
4. SMT. NANDINI W/O GANAPATI SHET,
AGE. 52 YEARS, OCC. HOUSE HOLD,
R/O. H.NO.48/1, TYPE 6,
ND
2 COLONY, AMBIKA NAGAR,
DANDELI-581363.
5. SRI. SMT. SAVITA
W/O SHRIKANT SHIRODKAR,
AGE. 50 YEARS, OCC. PRIVATE WORK,
R/O. HOUSE NO.96/1,
ST
1 CROSS SOUTH END ROAD,
BASAVANAGUDI, BANGALORE-560004.
6. SMT. ARAPANA W/O ASHWIN KERUR,
AGE. 48 YEARS, OCC. HOUSE WIFE,
R/O. PLOT NO.6, MENASINKAI PLOT,
VEERABHADRESHWAR COLONY,
UNKAL HUBBALLI, DIST. DHARWAD.
7. SMT. REKHA W/O SHIVLINGAPPA,
AGE. 46 YEARS,
OCC. LIC AGENT/AGRICULTURE,
R/O. C BLOCK, VIDYA NAGAR EAST,
ST
1 MAIN ROAD, NEAR ANI PARK,
HAVERI TQ. AND DISTRICT.
8. SRI. PRAKASH
S/O GANGADHARAYYA HIREMATH,
AGE ABOUT 46 YEARS,
OCC. PRIVATE JOB,
R/O. NAGALINGA NAGAR,
OLD HUBLI, HUBBALLI,
DIST. DHARWAD.
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9. PARASHURAMA B.,
AGE. 43 YEARS, OCC. PRIVATE JOB,
R/O. NO.116, GROUND FLOOR,
AMEYA RESIDENCY,
CHUNCHGATTA MAIN ROAD,
YELACHENAHALLI,
BANGALURU-560062.
10. SRI. ARJUN S/O JYOTIBA VEER,
AGE. 39 YEARS, OCC. PRIVATE JOB,
R/O. GUNDEWADI, TQ. ATHANI,
NOW RESIDING AT: KALK EXQUISITE,
UTTAM 1, H.NO.204, CHETANA COLONY,
VIDYA NAGAR, HUBBALLI,
DIST. DHARWAD.
11. SRI. NAGARAJ S/O MAHADEVAPPA,
AGE. 39 YEARS, OCC. PRIVATE JOB,
R/O. H.NO.22/37, GANGA NAGAR ROAD,
GUTTIPETH, TQ. SHAHAPUR,
DIST. YADGIR-585223.
12. MR. GOVINDRAO VIJAYENDRA RAO KULKARNI,
AGE. 48 YEARS, OCC. MERCHANT,
R/O. 1/A, C/O S.I. GADAGIN,
GURUDEV NAGAR, NEAR RAJ NAGAR,
HUBBALLI-580032.
13. MRS. GANGIMALHADEVI M. KULKARNI,
AGE. 52 YEARS, OCC. EMPLOYEE,
R/O. G.M. KULKARNI,
NEAR BSNL QUARTERS,
NEAR SOUDATTI POLICE, SOUDATTI,
DIST. BELGAUM-591126.
... RESPONDENTS
(BY SRI. MALLIKARJUNASWAMY B. HIREMATH, ADVOCATE FOR R1
TO R6, R8, R10 AND R11;
SRI. MAHESH KOUJALAGI, ADVOCATE FOR R12 AND R13;
SIR. AKASH NAIK, ADVOCATE FOR R7;
SMT. P.R. BENTUR, ADVOCATE FOR R9)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
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CERTIORARI TO QUASH THE ORDER DATED 15-07-2026 PASSED
BY THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
DHARAWAD IN EA NO-85/2025, EA 86/2025, EA 87/2025 EA NO-
88/2025 AND EA NO-90/2025 PRODUCED AT ANNEXURE-A, A-1, A-
2, A-3 AND A-4 RESPECTIVELY, EA NO-75/2026 AT ANNEXURE-C,
EA NO-220/2025 AT ANNEXURE-D, EA NO-73/2026 AT ANNEXURE-
E, EA NO-240/2025 AT ANNEXURE-F, EA NO-72/2026 AT
ANNEXURE-G, EA NO-74/2026 AT ANNEXURE-H EA NO-156/2024
AT ANNEXURE-J, EA NO-157/2024 AT ANNEXURE-K, ALSO PRAYED
FOR DIRECTIONS TO THE DCDRC DHARWAD NOT TO TAKE THE
PETITIONER TO CUSTODY TILL CONCLUDING THE ENQUIRY UNDER
SECTIONS 72 OF C P ACT, ALSO PRAYED FOR ANY OTHER ORDER
DEEMS FIT OF THIS COURT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND
EQUITY.
IN WP NO. 106502/2026:
BETWEEN:
1. M/S PRUTHVI BUILDER AND DEVELOPERS,
REP. BY SHIVANAGOUDA,
S/O RUDREGOWDA PATIL,
AGED ABOUT 54 YEARS,
ND
R/AT: NO-14A/B, 2 FLOOR,
WALI ARCADE,
OPP. J G COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI.
2. SRI. SHIVANAGOUDA
S/O RUDREGOWDA PATIL,
AGED ABOUT 54 YEARS,
ND
R/AT: NO-14A/B, 2 FLOOR,
WALI ARCADE,
OPP. J.G. COMMERCE COLLEGE,
VIDYANAGAR, HUBBALLI.
... PETITIONERS
(BY SRI. M.L. VANTI, ADVOCATE)
AND:
1. SRI. VIDYASAGAR
S/O CHANDRAKANT CHANDANKERE,
AGE: 46 YEARS, OCC. DOCTOR,
R/O. PLOT 115, RAVI COLONY,
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MAHENDRA HILLS,
RAVI SOCIETY BUS STOP,
SECUNDERABAD,
NEHRU NAGAR, HYDERABAD,
2. SRI. RAMESH S/O SHRIMANT VEER,
AGE: 33 YEARS, OCC. BUSINESS,
R/O. MARATHA ONI, GUNDEWADI,
ATHANI, DIST. BELAGAVI.
3. SRI ASHOK HANUMANTHAPPA DODDAMANI,
AGE: 54 YEARS, OCC. BUSINESS,
R/O. HOUSE NO.6, ASAR ONI,
JANATA QUARTERS, OLD-HUBBALLI,
HUBBALLI-580024.
4. SRI. SUDHAKAR
S/O RAMAKOTESHWAR RAO GARAPATHI,
AGE: 39 YEARS, OCC. PRIVATE JOB,
R/O. SRI SAI NAGAR SIRUGUPPA,
DIST. BALLARI, NOW R/O. NRI LAYOUT,
BEHIND HDFC BANK, KALKERE,
BANGALORE-560043.
5. SRI. ANANT S/O SURESH YALAGI,
AGE: 41 YEARS, OCC. PRIVATE SERVICE,
RD
R/O: #302, R.A. SURITI, 3 SERVICE,
SITE NO.1, 2, 3, NEAR HAPPY VALLOY,
UTTARHALLI, BENGALURU-560061.
6. SMT. KASTURI W/O SRIKANT CHANDARAGI,
AGE: 46 YEARS OCC. GOVT. SERVICE
R/O. PLOT NO.87/88, SANTRUPTI NIVAS,
SANTHOSHNAGAR TIMMASAGAR ROAD,
NEKARNAGAR OLD HUBBALLI,
HUBBALLI-30.
7. SMT. SUMA W/O MANJUNATH SHIGGAVI,
AGE: 39 YEARS, OCC: HOUSE WIFE,
R/O. PLOT NO.87/88, SANTRUPTI NIVAS,
SANTHOSHNAGAR, TIMMASAGAR ROAD,
NEKARNAGAR, OLD HUBBALLI,
HUBBALLI-30.
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8. SRI. ANNAPPA
S/O CHANNABASAPPA SHIGGAVI,
AGE: 57 YEARS, OCC. GOVT. SERVICE,
R/O. PLOT NO.87/88, SANTRUPTI NIVAS,
SANTOSHNAGAR, TIMMASAGAR ROAD,
NEKARNAGAR, OLD HUBBALLI,
HUBBALLI-30.
9. ISHWARGOUDA G. BHAVIKATTI,
AGE: 41 YEARS, OCC. PRIVATE JOB,
R/O. NO.35, BANKERS COLONY,
ND
R.N. SHETTI ROAD, 2 CROSS,
LAKSHMI TEMPLE NEAR, OLD HUBBALLI,
HUBBALLI-580024.
10. PRASHANTAGOUDA G. BHAVIKATTI,
AGED ABOUT 36 YEARS,
OCC. PRIVATE JOB AND
KIRANAGOUDA G. BHAVIKATTI,
AGE: 32 YEARS, OCC. PRIVATE JOB,
R/O. #35, BANKERS COLONY,
ND
R.N. SHETTY ROAD, 2 CROSS,
LAKSHMI TEMPLE NEAR, OLD HUBBALLI,
HUBBALLI-580024.
11. SUBHAS S/O CHANDRASHEKHAR VYAPARI,
AGE: 48 YEARS, OCC. PRIVATE SERVICE,
R/O. NO.4 AND 5, T3 DHRUVA BLISS,
HMT LAYOUT, NAGASANDRA,
BANGALORE-7.
12. SMT. RATNA W/O VEERAPPA DESAI,
AGE: 53 YEARS, OCC. HOME MAKER,
R/O. NO.5, PARVATI, SHANTAPURAM LAYOUT,
NEAR JK SCHOOL, GOPANKOPPA VIJAYANAGAR (P),
HUBBALLI, DHARWAD.
... RESPONDENTS
(BY SRI. MALLIKARJUNASWAMY B. HIREMATH, ADVOCATE FOR R1,
R2 AND R4;
SRI. SATISH RAICHUR, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
CERTIORARI TO QUASH THE ORDER DATED 13-07-2026 PASSED BY
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THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
DHARAWAD IN EA NO-90/2026 AT ANNEXURE-A, EA NO-89/2026 AT
ANNEXURE-B, EA NO-03/2025 AT ANNEXURE-C, EA NO-87/2026 AT
ANNEXURE-D, EA NO-218/2025 AT ANNEXURE-E, EA NO-158/2025,
EA 159/2025 AND EA 160/2025 PRODUCED AT ANNEXURE-F, F-1
AND F-2 RESPECTIVELY, EA NO-228/2024 AND EA-229/2024
PRODUCED AT ANNEXURE-H AND H-1 RESPECTIVELY, EA NO-
136/2024, EA NO-133/2024 AT ANNEXURE-K AND K-1
RESPECTIVELY, ALSO PRAYED TO DECLARE THAT ARREST OF THE
PETITIONER IS ILLEGAL AND PREMATURE BEFORE CONCLUDING
THE ENQUIRY UNDER SECTION 72 OF CONSUMER PROTECTION ACT
AND DIRECT THE DCDRC DHARWAD TO RELEASE THE PETITIONER
TILL CONCLUDE THE ENQUIRY UNDER SECTION 72 OF SAID ACT,
ALSO PRAYED FOR ANY OTHER ORDER DEEMS FIT OF THIS COURT
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
1. These petitions have been filed by the petitioner, being
aggrieved by the orders dated 11.02.02023, 13.07.2026,
27.07.2026 and 15.07.2026 passed in these matters by
the District Consumer Disputes Redressal Commission,
Dharwad.
2. Brief facts of the case are that the respondents herein had
filed complaints against the petitioner under Section 12 of
1
the Consumer Protection Act , which came to be allowed
by passing awards as sought for in favour of the
1
the Act
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respondents. The said awards have attained finality.
Seeking execution of the said awards, execution petitions
have been filed, which are pending consideration. The
orders impugned in these petitions have been passed by
the District Consumer Disputes Redressal Commission in
exercise of its powers under Section 72 of the Act.
3. Perusal of the impugned awards indicates that the
petitioner was arrested on 12.07.2026 and has been
remanded to custody. The District Consumer Disputes
Redressal Commission, upon perusal of the records and
also the police report, has opined that the accused is
evading process of the commission by absconding and not
being available. The Commission has further noted that
conduct of the accused/petitioner herein has made it
difficult and caused inconvenience to the Commission to
conduct the enquiry as contemplated under Section 72 of
the Act.
4. It has also taken note of the fact that this Court, on an
earlier occasion, upon the writ petition filed by the
petitioner in W.P.No.104623/2025 had shown indulgence
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upon the undertaking given by the accused/petitioner for
complying with the awards passed by the District Disputes
Redressal Commission, which are subject matter of the
execution petitions referred to in the impugned orders. The
petitioner, who was arrested as noted above, has neither
moved a bail application nor made the payment as
undertaken by him in the aforesaid Writ Petition in
W.P.No.104623/2025. It is under these circumstances that
the District Consumer Disputes Redressal Commission has
directed that the accused/petitioner to be kept in custody
till 27.07.2026. It is these orders which have been
questioned in these writ petitions.
5. After hearing the learned counsel for the petitioner with
regard to readiness and willingness of the petitioner to pay
the award amounts to the respondents and opportunity
was also granted by this Court to the petitioner to come
out with proposal for resolution of the matter. In
furtherance thereof, learned counsel for the petitioner
submits that the petitioner has entered into an agreement
with the owners of certain immovable properties, which he
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intends to develop into a residential layout. The petitioner
is ready and willing to earmark a portion of the said land
equal to the value of the amount due and payable to the
respondents herein. Learned counsel for the petitioner
further submits that the petitioner has, thus far, settled 37
cases and, in the pending cases, has paid an amount of
approximately Rs.65,00,000/-.
6. He, however insists that, even to materialise the said
proposal, the release of the petitioner is imperative, as he
will have to negotiate with the landowners and finalize and
formalize the negotiations and the contract entered into
between the accused/petitioner and the landowners. The
same cannot be done if he remains in police custody.
Therefore, he insisted petitioner be directed to be released
on bail, even for the purpose of complying with the
undertaking given by him in the earlier round of writ
proceedings in W.P.No.104623/2025.
7. He submits that the continued incarceration of the
petitioner, even without consideration of a bail application,
would defeat his statutory entitlement for enquiry into
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whether or not he is guilty of offence under Section 72 of
the Act. He submits that the Commission could not have
indefinitely kept the petitioner in confinement on the
premise that he had not complied with the undertaking
given to this Court on earlier occasion. Hence, seeks for
allowing the petition.
8. Learned counsel for the respondents, on the other hand in
unison submit that the District Consumer Disputes
Redressal Commission has taken note of the conduct of the
petitioner, who has not complied with any of his
undertaking given thus far and who has successfully
evaded and protracted the proceedings without complying
with the awards passed. It is under these circumstances
that the District Consumer Disputes Redressal Commission
has passed the impugned orders.
9. Learned counsel for the respondents further submitted that
the petitioner not filing a bail application cannot be found
fault with an impugned orders. Hence seeks for dismissal
of the petitions.
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10. It is also submitted that the petitioner is also entitled to
file an appeal against the impugned orders under Section
41 of the Act.
11. Heard. Perused the records.
12. Section 72 of the Consumer Protection Act, read as under:
72. Penalty for non-compliance of order.—
“(1) Whoever fails to comply with any
order made by the District
Commission or the State Commission
or the National Commission, as the
case may be, shall be punishable with
imprisonment for a term which shall
not be less than one month, but
which may extend to three years, or
with fine, which shall not be less than
twenty-five thousand rupees, but
which may extend to one lakh
rupees, or with both.
(2) Notwithstanding anything contained in
the Code of Criminal Procedure, 1973
(2 of 1974), the District Commission,
the State Commission or the National
Commission, as the case may be,
shall have the power of a Judicial
Magistrate of first class for the trial of
offences under sub-section (1), and
on conferment of such powers, the
District Commission or the State
Commission or the National
Commission, as the case may be,
shall be deemed to be a Judicial
Magistrate of first class for the
purposes of the Code of Criminal
Procedure, 1973.
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(3) Save as otherwise provided, the
offences under sub-section (1) shall
be tried summarily by the District
Commission or the State Commission
or the National Commission, as the
case may be.”
13. The punishment of imprisonment for a term of up to three
years as contemplated under sub-Section(1) of Section 72
of the Act can be imposed only after conducting an enquiry
as provided under sub-section (3) of Section 72 of the Act.
14. Admittedly, no such enquiry has been conducted, even as
noted by the District Consumer Disputes Redressal
Commission. The apparent conduct of the petitioner in not
making himself available has caused inconvenience to the
Commission, even for recording his plea and proceeding
further to conduct an enquiry as contemplated under
Section 72 of the Act.
15. On query by this Court, learned counsel for the petitioner
submits that now a bail application has been moved before
the District Commission on 16.09.2026 and the same has
not been entertained by the Commission.
16. Since the petitioner has not moved bail application earlier
and had not made any payment, there was no order either
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accepting or rejecting his plea for bail, let alone any order
being passed after conducting the enquiry contemplated
under sub-Section (3) of Section 72 of the Act.
17. Under the circumstances, this Court do not find it
appropriate to keep these matters pending. The District
Commission shall proceed to consider the bail application
stated to have been filed by the petitioner on 16.09.2026
and pass appropriate orders in accordance with law.
18. In the meanwhile, the parties are at liberty to explore the
possibility of amicable resolution of the matter on such
terms and condition as will be feasible and acceptable to
them.
19. With the above observations, these petitions are
disposed of .
20. The petitioner is at liberty to seek such relief as
permissible in law and the same shall be considered by the
Commission in accordance with law.
Sd/-
(M.G.S. KAMAL)
JUDGE
RHR/-CT:BCK
LIST NO.: 1 SL NO.: 73