Writ petition challenging the Constitution (97th Amendment) Act, 2011. Counsel submitted the matter is not res integra as the Supreme Court has already decided the issue. This Court disposed of the petition on the same day it was listed for orders.
null
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO.36846 OF 2016 (CS-RES)
BETWEEN:
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
HEMAVATHI CO OPERATIVE SUGAR FACTORY LIMITED, SRINIVASAPURA, CHANNARAYANAPATNA TALUK, HASSAN DISTRICT-583114
NC: 2023:KHC:30124 WP No. 36846 of 2016
HEMAVATHI CO OPERATIVE SUGAR FACTORY LIMITED, SRINIVASAPURA, CHANNARAYANAPATNA TALUK, HASSAN DISTRICT 583114
…PETITIONERS
(BY SRI. M.R. RAJAGOPAL, SENIOR COUNSEL A/W. SRI. H.N. BASAVARAJU, ADVOCATE)
AND:
NC: 2023:KHC:30124 WP No. 36846 of 2016
…RESPONDENTS
(BY SRI. SHANTHI BHUSHAN, DSGI FOR R1. SRI. SIDHARTH BABURAO, AGA FOR R2 TO R5. R6 SERVED – UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO DECLARE THAT THE CONSTITUTION (97TH AMENDMENT) ACT, 2011 INSERTING PART IXB PRODUCED AS ANNEXURE-A IS ULTRA VIRES, UNCONSTITUTIONAL AND OFFENDING THE BASIC STRUCTURE OF THE CONSTITUTION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Senior Counsel Sri M.R.Rajagopal, appearing
for the petitioners submits that the challenge raised to the
amendment brought to the Constitution of India by inserting part IX B is no more res integra, since the Hon’ble Supreme Court has decided the issue. Therefore,
NC: 2023:KHC:30124 WP No. 36846 of 2016
the learned Senior Counsel would submit that writ petition
may be disposed of.
of.
Sd/JUDGE
KLY CT: JL
1 issue framed by the court
Whether the writ petition challenging the Constitution (97th Amendment) Act, 2011 should be disposed of given the Supreme Court's prior decision on the same issue.
2 provisions across 1 enactments
SRI. MUTHIGE RAJEGOWDA AND ORS.
THE UNION OF INDIA
THE STATE OF KARNATAKA
THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA
THE REGISTRAR OF CO OPERATIVE SOCIETIES IN KARNATAKA
THE COMMISSIONER FOR SUGAR CANE DEVELOPMENT & DIRECTOR (SUGAR)
R DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
