The petitioner sought a writ of mandamus directing respondents to protect and facilitate the harvesting and transport of a sugarcane crop. The additional government advocate submitted that these steps had already been completed, rendering the petition infructuous. The court disposed of the petition on these grounds.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
Dated this the 27th day of February 2020
Before
THE HON’BLE MR.JUSTICE S.G. PANDIT
Writ Petition No.138871 of 2020 (GM-RES)
BETWEEN
BHIMAPPA, S/O AVVANNA KOUJALAGI AGED: ABOUT 41 YEARS, OCC: AGRICULTURE, R/O: FULAGADDI, MUDALAGI TALUK, BELAGAVI DISTRICT-591312.
...PETITIONER
(BY SRI. S G KADADAKATTI & SRI. LINGESH V.KATTIMANI, ADVOCATES)
AND
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING ISSUE WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENTS 2 TO 5 TO PROVIDE PROTECTION FOR HARVESTING AND TO TRANSPORT THE CROP OF SUGARCANE GROWN IN SY.NO.61/1 TO GODAVARI BIO REFINERIES LIMITED SAMEERWADI IN BAGALKOT TQ AND DISTRICT VIDE ANNEXURE-G, H, J AND K DATED 27.01.2020 & 31.01.2020 RESPECTIVELY BY ALLOWING WRIT PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court under Article 226
of the Constitution of India praying for a writ of mandamus by directing the respondents No.2 to 5 provide protection for harvesting and to transport the crop of sugarcane grown in Sy.No.61/1 to Godavari Bio Refineries Limited, Sameerwadi in Bagalkot Taluk by considering the representations dated 27.01.2020 and 31.01.2020.
3
Advocate submits that necessary steps were taken for harvesting the sugarcane crop grown in Sy.No.61/1 and arrangements were made to transport the same. In that view of the matter, he submits that the writ petition would not survive for consideration.
not dispute the said fact of harvesting and transporting of the sugarcane crop grown in the land in question.
Additional Government Advocate on record, the writ petition is disposed of as having become infructuous.
Sd/JUDGE
Kms
1 issue framed by the court
Whether the writ petition seeking protection for harvesting and transporting sugarcane crop survives after the crop has been harvested and transported.
2 provisions across 1 enactments
Bhimappa
The State of Karnataka
The Deputy Commissioner Belagavi
The Assistant Commissioner Bailhongal Sub-Division
The Tahasildar, Mudalagi
Police Sub-Inspector Mudalagi Station
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
