IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.27600-601 OF 2019 (GM-RES) BETWEEN:
M/S VIJAYASHREE SUGARS & POWER LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT SY.NO.166, KULALI CROSS, JAMAKHANDI ROAD, MUDHOL, KARNATAKA – 587313.
REPRESENTED BY ITS AUTHORISED SIGNATORY SRI PRASANNA S HULAGERI S/O SRI SADASHIV AGED ABOUT 36 YEARS (BY SRI ABHINAV.R., ADVOCATE) AND:
... PETITIONER 1. THE UNION OF INDIA DEPT. OF FOOD AND PUBLIC DISTRIBUTION, MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, GOVERNMENT OF INDIA, KRISHI BHAVAN, NEW DELHI-110001 REPRESENTED BY THE CHIEF DRIECTOR (SUGAR) DIRECTORATE OF SUGAR 2. THE SECRETARIAT PUBLIC RELATIONS & COMPLAINTS SECTION, DEPT. OF INDUSTRIAL POLICE AND PROMOTION, MINISTRY OF COMMERCE & INDUSTRIES, UDYOG BHAVAN, NEW DELHI-110001 REPRESENTED BY ITS JOINT COMMISSIONER (IEM SECTION) 3. THE STATE OF KARNATAKA DEPT. OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU-560001. REPRESENTED BY ITS SECRETARY 4. THE STATE HIGH LEVEL CLEARANCE COMMITTEE, SINGAL WINDOW CLEARANCE AGENCY OF THE KARNATAKA UDYOG MITRA, BENGALURU-560001.
REPRESENTED BY ITS CHAIRPERSON 5. KARNATAKA UDYOG MITRA A GOVERNMENT OF KARNATAKA ORGANISATION, 3RD FLOOR, KHANIJA BHAVAN (SOUTH WING), NO.49, RACE COURSE ROAD, BENGALURU-560001. REPRESENTED BY ITS MANAGING DIRECTOR.
6. THE COMMISSIONER FOR CANE DEVELOPMENT & DIRECTOR OF SUGAR FOR KARNATAKA GOVERNMENT OF KARNATAKA, 5TH FLOOR, CBAB COMPLEX, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU-560009.
7. THE DIRECTOR KARNATAKA GEO SPATIAL DATA CENTRE, SURVEY OF INDIA, SARJAPUR ROAD, KORAMANGALA, 2ND BLOCK, BENGALURU-560034.
8. M/S SOMESHWAR SUGARS LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT SRI KALLESHWAR RICE MILL COMPOUND, ANEKONDA ROAD, DAVANAGERE-577001. REPRESENTED BY ITS DIRECTOR 9. THE DEPUTY COMMISSIONER GOPALAPURA GALLI, VIJAYAPURA – 586101.
10. M/S MRN SUGARS AND POWER PVT LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT SRI ST. PATIL SRI KRISHNA FARM HOUSE, SY.NO.136, NEAR SORAGOAN, MUDHOL TALUK, BIJAPURA-587313. REPERSENTED BY ITS MANAGING DIRECTOR 11. INDIAN CANE POWER LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.627, SREE KALLESHWARA RICE MILL COMPOUND, R M C ROAD, ANEKONDA, DAVANAGERE - 577001. REPRESENTED BY ITS MANAGING DIRECTOR SRI ARETHOL SANGAPPA NIRANJAN 12. MR. SHANTHARAM K.G.
COMMISSIONER FOR CANE DEVELOPMENT AND DIRECTOR OF SUGAR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU-560009.
... RESPONDENTS (BY SRI M.N.KUMAR, CGC FOR R1 & R2; SRI B.BALAKRISHNA, AGA FOR R3-R6 & R9; SRI ARUNA SHYAM, ADVOCATE FOR C/R8; SRI PRASHANT K GOUDAR, ADV. FOR SRI GAUTAM S. BHARADWAJ, ADV., FOR R11; NOTICE NOT ORDERED IN R/O R7, R10 & R12) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION- CUM-ENDORSEMENT DATED 03.06.2019 ISSUED BY THE R-6 AT ANNEXURE-P TO THE WRIT PETITION AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Abhinav R, learned counsel for the petitioner.
Sri.M.N.Kumar, learned Central Government Counsel for respondent Nos.1 and 2.
Sri.Aruna Shyam, learned counsel for caveat respondent No.8.
Sri.B.Balakrishna, learned Additional Government Advocate for respondent Nos.3 to 6 and 9.
Sri.Prashant K. Goudar, learned counsel for Sri.Gautam S. Bharadwaj, learned counsel for respondent No.11.
The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. The petitioners are these writ petitions prays for the following reliefs:
(a) A writ in the nature of certiorari quashing the Communication-cum- Endorsement bearing No.ESK/BGV/AK/69/2009-10/318 dated 03.06.2019 issued by the 6th respondent at Annexure-‘P’ to the writ petition;
(b) A writ in the nature of certiorari quashing the communication sent by the 6th respondent to the 7th respondent bearing No.BSK/MK/81/2017-18/333 dated 06.06.2019 at Annexure-‘R’ to the writ petition;
(c) A writ in the nature of mandamus directing the 6th respondent to consider and forward the application of the petitioner dated 22.03.2019 at Annexure-‘M’ to the writ petition, strictly in conformity with law and as per seniority;
(d) Grant such other orders as this Court deems fit to grant in the facts and circumstances of the case and in the interest of justice.
3. When the matters were taken up today, learned counsel for the petitioner submitted that the petitioner has made an application at Annexure- M before respondent No.6 seeking permission to set up a Sugar Factory.
4. Learned counsel for respondent No.6 submits that suitable action in accordance with law on the aforesaid application has been taken.
5. Learned counsel for respondent No.11 submits that a direction has been issued by the Division Bench of this Court in favour of respondent No.11 in WP No.202566/2019 dated 26.07.2019.
6. Be that as it may. In the facts of the cases, since the application submitted by the petitioner for setting up of a sugar cane factory is pending before respondent No.6, he is under the statutory obligation to decide the same.
6. Accordingly, the writ petitions are disposed of with a direction to respondent No.6 to consider and decide the application submitted by the petitioner contained in Annexure-M by a speaking order in accordance with law within a period of six weeks from the date of receipt of the certified copy of the order passed today after affording an opportunity of hearing to all necessary parties, including respondent Nos.8 and 11.
7. It is made clear that this Court has not expressed any opinion on the merits of the cases.
Sd/- JUDGE GH