Dismissed

M/S Vijayanagar Sugar Private Ltd. v. State of Karnataka

Karnataka HC19 Aug 2024WP/1607/2021

Case brief

AI extract

What is this about?

High Court dismissed writ petition challenging government orders revising water rates for sugar industries. Court held petition covered by coordinate bench judgments and disposed of similarly. Liberty granted to make representation under 2002 Rules.

What did the court decide?

Petition disposed of; liberty granted to make representation; respondent authorities must adhere to Karnataka Irrigation (Levy and Water Rates) Rules, 2002.

M/S Vijayanagar Sugar Private Ltd. Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:33211 WP No. 1607 of 2021

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 19^TH DAY OF AUGUST, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 1607 OF 2021 (GM-RES)

¶7

BETWEEN:

¶8

M/S VIJAYANAGAR SUGAR PRIVATE LTD., HAVING ITS REGISTERED OFFICE AT PLOT NO.359, ROAD NO.80, JUBILEE HILLS, HUDERABAD-500033 REPRESENTED BY ITS AUTHORIZED SIGNATORY, SRI K DHARMENDRA, S/O K JANAKIRAMI REDDY, AGED ABOUT 44 YEARS, ASSISTANT GENERAL MANAGER (ACCOUNTS)

¶9

…PETITIONER

¶10

(BY SRI. H.N. SHASHIDHARA.,ADVOCATE FOR KESVY & CO.,)

¶11

AND:

¶12

Digitally signed by SUMA B N Location: High Court of Karnataka

¶13

STATE OF KARNATAKA WATER RESOURCES DEPARTMENT, ROOM NO.305, 3^RD FLOOR, VIKAS SOUDHA, DR B R AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY.

¶14

M/S KARNATAKA NIRAVARI NIGAM LTD., THE REGISTERED OFFICE AT 4TH FLOOR, COFFEE BOARD BUILDING, NO.1, DR B R AMBEDKAR VEEDHI, INFANTRY ROAD, BENGALURU-560001 REPRESENTED BY ITS MANAGING DIRECTOR.

¶15

¶16

NC: 2024:KHC:33211 WP No. 1607 of 2021

¶17

THE EXECUTIVE ENGINEER M/S KARNATAKA NIRAVARI NIGAM LTD., SINGATALURU LIFE IRRIGATION PROJECT, MUNDARAGI-582118 GADAG DISTRICT.

¶18

…RESPONDENTS

¶19

(BY SRI. RAGHAVENDRA S.H. AGA FOR R1; SRI. PRASHANTH.,ADVOCATE FOR R2 AND R3)

¶20

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DATED 28.05.2018 ISSUED BY THE R-1 VIDE ANENXURE A AND THE GOVERNMENT ORDER DATED 29.11.2019 VIDE ANNEXURE B ISSUED BY THE R-1 TO THE WRIT PETITION AND ETC.

¶21

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶22

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

¶23

ORAL ORDER

¶24

This writ petition is challenging the Government orders dated 28.05.2018 and 29.11.2019 issued by the respondent-State as per Annexures-A and B seeking to

¶25

revise the water rate from the sugar industries which are

¶26

drawing water either from natural resources or from reservoirs , tanks and dams and seeking quash of the said

¶27

¶28

NC: 2024:KHC:33211 WP No. 1607 of 2021

¶29

orders and the consequent demand notices issued by the respondent No.3 as per Annexures-C and D.

¶30

Learned counsel for the petitioner has filed a memo dated 23.07.2024 seeking disposal of the petition the same being covered by judgments of the Co-ordinate Bench of this Court, which reads as under;

¶31

"The undersigned is herewith filing this memo seeking disposal of the above Writ Petition as being covered by judgements of the co-ordinate Bench of this Hon'ble Court. In this regard the following judgements are being produced same may kindly be taken on record in the interest of justice & equity.

¶32

Sl. No.	Writ Petition Number	Case Name	Page No.
1.	W.P. No. 865/2020	West Coast Papers Mills Ltd. V. State of Karnataka &Ors.	1-6
2.	W.P. No. 16390/2019	The South India Sugar Mills Association (Karnataka) v.. State of Karnataka &Ors.	7-12

¶33

Memo is taken on record.

¶34

The issue involved in the present petition is

¶35

identical to that of the issue involved in the aforesaid orders that was passed by the Coordinate Benches of this

¶36

¶37

NC: 2024:KHC:33211 WP No. 1607 of 2021

¶38

Court. Hence, this court is of the considered view the present petition be disposed of in the similar lines to the orders passed in the aforementioned writ petitions.

¶39

The petitioners are at liberty to make necessary representation which shall be considered by respondentauthorities in accordance with law. As taken note of by the Co-ordinate Bench of this court the demands made by the respondent-authorities in the impugned notices shall be subjected to the amendment of Karnataka Irrigation (Levy and Water Rates) Rules, 2002. Liberty is reserved to the respondent-State to proceed against the petitioner in terms of the amendment Rules in accordance with law.

¶40

In view of the above, petition is disposed of.

¶41

SD/(M.G.S. KAMAL) JUDGE

¶42

RU, List No.: 1 Sl No.: 10

M/S Vijayanagar Sugar Private Ltd. v. State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Vijayanagar Sugar Private Ltd. v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Jayanna M Vs the Union of India

Smt. P Padma Vs the Authorised Officer, Axis Bank

Smt Sangeetha Agarwal Vs the Authorised Officer

Sri Krishna M N Vs Reserve Bank of India

Mrs Radha Vs M/S Karnataka Bank Ltd.

Sri Yarab Vs the Government of Karnataka