IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.13478-479 OF 2013 (GM-RES) BETWEEN:
1. M/S. SRI CHAMUNDESWARI SUGARS LTD NO.88/5, RICHMOND ROAD BANGALORE-560025 REP. BY ITS SR. GENERAL MANAGER SRI B VIJAYAKUMAR S/O P BASAVARAJ.
2. M/S DAVANAGERE SUGARS LTD, COMPANY KUKKUVADA, 577 525 DAVANAGERE DISTRICT AND TALUK REPRESENTED BY ITS DIRECTOR SRI ABHIJIT G SHAMANUR.
… PETITIONERS (BY SRI. H.N. SHASHIDHARA, ADV., FOR KESVY & CO.,) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRY DEPARTMENT I FLOOR, VIKASA SOUDHA BANGALORE-560001.
2. THE PRINCIPAL SECRETARY FINANCE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001.
3. THE COMMISSIONER COMMERCIAL TAX DEPARTMENT GANDHINAGAR, BANGALORE-560009.
4. THE COMMISSIONER FOR CANE DEVELOPMENT AND DIRECTOR OF SUGAR IN KARNATAKA CBAB COMPLEX, 5TH FLOOR F BLOCK, KAVERI BHAVAN K G ROAD, BANGALORE-560009.
… RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 24.11.2012 VIDE ANNEXURE-A ISSUED BY THE FIRST RESPONDENT. DIRECT THE RESPONDENTS TO RELEASE BALANCE RELIEFS AND CONCESSIONS TO THE SUGAR FACTORIES AS PER THE PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA BEARING NO.C1 19 SGF 2008 [PART 2] BANGALORE DATED 12.3.2008 VIDE ANNEXURE-F AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.H.N.Shashidhara, learned counsel for the petitioners.
Smt.Niloufer Akbar, learned Additional Government Advocate for respondents.
The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In these petitions, the petitioners inter alia seek for a writ of certiorari for quashment of the impugned order dated 24.11.2012 as well as a writ of mandamus directing the respondents to release the balance reliefs and concessions to the sugar factories as per the proceedings dated 12.03.2008 of Government of Karnataka.
3. When the matter was taken up today, learned counsel for the petitioners submitted that during the pendency of these writ petitions, the State Government has notified a Scheme, namely, Comprehensive Karasamadhana Scheme, 2019 with effect from 21.02.2019 and the petitioners be granted liberty to submit a representation with regard to their grievance to the competent authority under the aforesaid Scheme and the competent authority be directed to decide the representation submitted by the petitioners in the light of the provisions of the Scheme.
4. Learned Additional Government Advocate submits that in case such representation is submitted by the petitioners, the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with liberty to the petitioners that in case petitioners submit a representation under the Comprehensive Karasamadhana Scheme, 2019 within a period of three weeks from the date of receipt of the certified copy of the order passed today, the competent authority shall consider and decide the representation submitted by the petitioners by a speaking order within a period of two months from the date of such representation.
6. Needless to state that in case grievance of the petitioners survives, they shall be at liberty to take recourse to such remedy as may be available to them under the law.
7. Interim order, if any, shall continue till the representation submitted by the petitioners is decided by the competent authority.
8. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE dn/-