Karnataka High Court
M/S Shiraguppi Sugar Works Limited vs State Of Karnataka on 3 July, 2024
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NC: 2024:KHC-D:9118
WP No. 103739 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 103739 OF 2023 (GM-RES)
BETWEEN:
M/S. SHIRAGUPPI SUGAR WORKS LIMITED,
A PUBLIC LIMITED COMPANY,
REGISTERED UNDER THE COMPANY'S ACT, 1956
HAVING ITS REGISTERED OFFICE AT MANJARI VILLAGE,
CHIKKODI TALUK, BELAGAVI-590008.
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER,
MR. PRITHVI VINOD DODDANNAVAR,
S/O. DODDANNAVAR,
AGED ABOUT 29 YEARS,
AT CORPORATE OFFICE -
DODDANAVAR CORPORATE HOUSE,
738/1, KHANAPUR ROAD,
NEAR 3RD RAILWAY GATE,
BELAGAVI-590008.
...PETITIONER
ASHPAK
KASHIMSA
(BY SRI. H.N. SHASHIDHAR, SR. COUNSEL FOR
MALAGALADINNI
SRI. ANAND DESAI, ADVOCATE)
Digitally signed by
ASHPAK KASHIMSA
MALAGALADINNI
Location: HIGH COURT
OF KARNATAKA,
DHARWAD BENCH
AND:
Date: 2024.07.10
11:58:42 +0530
1. STATE OF KARNATAKA,
WATER RESOURCES DEPARTMENT,
ROOM NO.305, 3RD FLOOR,
VIKAS SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560001,
REPRESENTED BY ITS SECRETARY.
2. THE EXECUTIVE ENGINEER,
MINOR IRRIGATION DEPARTMENT,
GOVERNMENT OF KARNATAKA,
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NC: 2024:KHC-D:9118
WP No. 103739 of 2023
BELAGAVI DISTRICT, BELAGAVI-590001.
3. THE ASSISTANT EXECUTIVE ENGINEER,
MINOR IRRIGATION DEPARTMENT,
GOVERNMENT OF KARNATAKA,
SUB-DIVISION, ATHANI-591304,
BELAGAVI DISTRICT.
...RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCG FOR R1-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI QUASHING THE GOVERNMENT ORDER BEARING NO.
JA.SAM.E./272/KBN/2017 DATED 28.05.2018 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 RESPONDENT NO.1, TO THE WRIT PETITION IN SO
FAR THE PETITIONER IS CONCERNED; ISSUE WRIT OF CERTIORARI
TO QUASH THE DEMAND NOTICE BEARING NO. SA.KA.EM/SA
NI/AAM.AA.E/UAVI/ATHANI/SHIRAGUPPI FACTORY WATER
BILL/2022-23/43 DATED 29.04.2023 ISSUED BY THE 3RD
RESPONDENT, VIDE ANNEXURE-C, TO THE WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. The captioned petition is filed assailing the impugned
government orders dated 28.05.2018, 29.11.2019 issue
by respondent No.1 vide Annexures-A and B, respectively,
NC: 2024:KHC-D:9118
and the demand notice dated 29.04.2023 issued by
respondent No.3 vide Annexure-C.
2. Learned counsel for petitioner has placed on record the
judgment rendered by Co-ordinate Bench of this Court
wherein the very impugned government order dated
29.11.2018 issued by respondent No.1 is quashed.
3. This factual matrix is not seriously disputed by the learned
HCGP. In the light of the judgment rendered by this Court
in W.P.No.865/2020 disposed on 30.01.2023, the
impugned demand notice is not sustainable. For the
foregoing reasons, this Court passes the following:
ORDER
i) The writ petition is allowed;
ii) The impugned government orders dated
28.05.2018, 29.11.2019 issued by
respondent No.1 vide Annexures-A and B,
respectively, and the demand notice dated
29.04.2023 issued by respondent No.3 vide
Annexure-C, are hereby quashed.
iii) The respondents' right to levy tax will be
subject to amendment of the Rules i.e. the
Karnataka Irrigation (Levy of Water Rates)
NC: 2024:KHC-D:9118
Rules, 2002. The State is at liberty to initiate
proceedings against the petitioner in terms of
the amended Rules in accordance with law.
Sd/-
JUDGE
