The High Court of Karnataka disposed of two writ petitions by invoking the principle of res judicata, relying on an earlier decision, and directed the respondents to permit a fresh representation and consider an application for allotment of a Bank Code within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 8th DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION Nos.146877-878/2020 (GM-RES)
BETWEEN :
M/S.SANGAM SAHAKARI SAKKARE KARAKHANE NIYAMIT A CO-OPERATIVE SUGAR FACTORY REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 HAVING ITS OFFICE AT HOSUR, HIDKAL DAM, REPRESENTED BY ITS MANAGING DIRECTOR, MR.K.L. SRINIVAS, HIDKAL DAM-591107, TQ: HUKKERI, DIST: BELAGAVI, KARNATAKA. .. PETITIONER (BY SRI. PRASHANT F. GOUDAR, ADV.)
AND : 1 . THE CHIEF DIRECTOR (SUGARS) DEPARTMENT OF FOOD and PUBLIC DISTRIBUTION, MINISTRY OF CONSUMER AFFAIRS, ROOM NO.581, KRISHI BHAVAN, R.P. ROAD, NEW DELHI-110001.
2 . THE COMMISSIONER FOR CANE DEVELOPMENT AND DIRECTOR OF SUGAR, GOVERNMENT OF KARNATAKA, KARNATAKA HOUSING BOARD BUILDING, CBAB COMPLEX, "F" BLOCK, VTH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560008.
3 . THE STATE BANK OF INDIA
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BELGAUM ROAD BRANCH, TQ: HUKKERI-591309, BELAGAVI, REPRESENTED BY ITS MANAGER.
.. RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1. SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R2. SRI. SURESH S. GUNDI, ADV. FOR R3.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING FILE NO.F25(2280/2008-ST/848-50) DATED 3.10.2019 PRODUCED VIDE ANNEXURE-AD PASSED BY RESPONDENT NO.1 DERECOGNIZING THE INDUSTRIAL ENTREPRENEURSHIP MEMORANDUM OF THE PETITIONER SOCIETY BEARING NO.3753/STA/IMO/2008 DATED 5.12.2008 ANNEXURE-E AND FURTHER CONFISCATING THE BANK GUARANTEE NO.BG/32/08-09 DATED 11.12.2008 ANNEXURE-F SUBMITTED BY THE PETITIONER SOCIETY FOR AN AMOUNT OF RS.1 CRORE. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 23.6.2019 PRODUCED VIDE ANNEXURE-AA AND REPRESENTATION 24.6.2019 PRODUCED VIDE ANNEXURE-AB AND REFUND THE PERFORMANCE BANK GUARANTEE OF RS.1,00,00,000/- RUPEES ONE CRORE ONLY TO THE PETITIONER SOCIETY. ISSUE SUCH OTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE ENDS OF JUSTICE.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In these writ petitions, the petitioner has sought for the
following relief:
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NO.3753/STA/IMO/2008 dated 5.12.2008 AnnexureE and further confiscating the Bank Guarantee NO.BG/32/08-09 dated 11.12.2008 Annexure-F submitted by the petitioner society for an amount of Rs.1 crore.
learned counsel for the respondents submitted that the subject matter of these writ petitions is similar to the subject matter in Writ Petition No.440/2019 disposed of on 14.08.2019. They further submit that these writ petitions may be disposed of in terms of the order passed by this Court in the aforesaid writ petition.
are disposed of in terms of the order passed by this Court in Writ Petition No.440/2019 disposed of on 14.08.2019. The petitioner is permitted to make a fresh representation. If the petitioner makes a fresh representation, the respondent is directed to consider the same in the light of the Notification
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dated 24.08.2016, by which Clause 6C of Sugarcane (Control) Order was amended, within six weeks from today and also the respondents are directed to consider the application submitted by the petitioner for allotment of Bank Code within six weeks from today in accordance with law.
Sd/JUDGE
kmv
M/S.SANGAM SAHAKARI SAKKARE KARAKHANE NIYAMIT A CO-OPERATIVE SUGAR FACTORY
THE CHIEF DIRECTOR (SUGARS)
THE COMMISSIONER FOR CANE DEVELOPMENT AND DIRECTOR OF SUGAR
THE STATE BANK OF INDIA
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
