M/S The Ugar Sugar Works Limited vs State Of Karnataka
2023 Latest Caselaw 5069 Kant

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                                                   NC: 2023:KHC:26615
                                                     WP No. 11335 of 2023



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 31ST DAY OF JULY, 2023

                                          BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                      WRIT PETITION NO. 11335 OF 2023 (GM-RES)

                   BETWEEN:

                   M/S THE UGAR SUGAR WORKS LIMITED,
                   A PUBLIC LIMITED COMPANY,
                   REGISTERED UNDER THE COMPANY'S ACT 1956,
                   HAVING ITS REGISTERED OFFICE AT
                   MAHAVEER NAGAR, VAKHARBAGH,
                   SANGLI-416 416,
                   MAHARASHTRA STATE, HAVING ITS
                   BRANCH OFFICE AT NO.317, 9TH MAIN ROAD,
                   14TH CROSS, JAYANAGAR, II BLOCK,
                   BANGALORE-560 011,
                   REP BY ITS LIASON OFFICER,
                   MR. VINAY ARAVIND DESHPANDE,
                   S/O LATE ARVIND,
                   AGED ABOUT 58 YEARS.
                   (THE UGAR SUGAR WORKS LTD
Digitally signed   SANGLI STATE IS THE INCORPORATED
by SHARADA
VANI B             UNDER THE INDIAN COMPANIES ACT VII OF 1913
Location: HIGH     AS AMENDED UPTO 1936 BY ACT XXII)
COURT OF                                                      ...PETITIONER
KARNATAKA          (BY SRI. K N SHASHIDHAR., SENIOR COUNSEL A/W
                       SRI. SAI SHAKTHI., ADVOCATE FOR
                       SRI. SUHAS H S.,ADVOCATE)

                   AND:

                   1. STATE OF KARNATAKA
                      WATER RESOURCES DEPARTMENT,
                      ROOM NO.305, 3RD FLOOR,
                      VIKAS SOUDHA, DR.B R AMBEDKAR VEEDHI,
                      BENGALURU-560 001,
                      REP BY ITS SECRETARY.
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                                    NC: 2023:KHC:26615
                                       WP No. 11335 of 2023



2. THE EXECUTIVE ENGINEER,
   MINOR IRRIGATION DEPARTMENT,
   GOVERNMENT OF KARNATAKA,
   BELAGAVI DISTRICT,
   BELAGAVI-590 001.

3. THE ASSISTANT EXECUTIVE ENGINEER,
   MINOR IRRIGATION DEPARTMENT,
   GOVERNMENT OF KARNATAKA,
   SUB DIVISION, ATHANI-591 304,
   BELAGAVI DISTRICT.
                                             ...RESPONDENTS
(BY SMT.SHWETHA KRISHNAPPA.,AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASHING    THE GOVERNMENT     ORDER BEARING     NO.
JA.SAM.E./272/KBN/2017 DATED 28.5.2018 ISSUED BY THE
RESP 1, VIDE ANNEXURE-A, AND THE GOVERNMENT ORDER
BEARING NO.JA.SAM.E/272/KBN/2017, DATED 29.11.2019,
VIDE ANNEXURE-B ISSUED BY THE RESP 1 TO THE WRIT
PETITION AND ETC.,

      THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:


                          ORDER

The subject matter of this petition is substantially

similar to the one treated by a Coordinate Bench of this

Court in W.P.No.865/2020 (GM-RES) between West Coast

Paper Mills Ltd., vs. State of Karnataka & others, disposed

off on 30.01.2023 by granting relief to the litigant therein.

NC: 2023:KHC:26615 WP No. 11335 of 2023

2. A Division Bench of this Court in W.A.Nos.932-

933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF

KARNATAKA BY ITS COMMISSIONER & SECRETARY,

disposed of on 11.12.1974, has held that the Court should

treat the like-cases alike and if relief is granted to a

litigant, it needs to be extended to similarly situated

litigants as well, there being no derogatory circumstances.

In view of the above, this Writ petition is also

allowed. The relief granted to the litigant in the cognate

petition is accorded to the petitioner as well. As a

consequence, the impugned Annexures-B & C are

quashed. All other terms & conditions in the operative

portion of the judgment in the cognate petition shall be

applicable in this case as well.

No costs.

Sd/-

JUDGE

Snb/