Karnataka High Court
Mr. Prakash Kumarnaik vs State Of Karnataka on 15 January, 2025
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WP No. 514 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 514 OF 2020 (GM-RES-PIL)
BETWEEN:
MR. PRAKASH KUMARNAIK
S/O RAMCHANDRA KUMARNAIK
AGE: 45 YEARS
OCCUPATION: LEGAL PRACTITIONER
R/O: VALMIKI NAGAR, HOUSE NO.1/4,
AT PO: GOKAK FALLS, TALUK: GOKAK
DISTRICT: BELAGAVI
GOKAK - 591 307 KARNATAKA
...PETITIONER
(BY SRI. AKSHAYA B M, ADVOCATE)
Digitally AND:
signed by H K
HEMA
Location: 1. STATE OF KARNATAKA
High Court of
Karnataka REPRESENTED BY CHIEF SECRETARY
ROOM NO.320, 3RD FLOOR, VIDHANA SOUDHA
BENGALURU - 560 001, KARNATAKA
2. THE DEPUTY COMMISSIONER
BELAGAVI DISTRICT
BELAGAVI - 590 001
KARNATAKA.
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WP No. 514 of 2020
3. THE TAHSILDAR, GOKAK
AT: GOKAK, TALUK GOKAK
DISTRICT BELAGAVI, GOKAK 591307,
KARNATAKA
4. THE COMMISSIONER FOR CANE
DEVELOPMENT AND DIRECTOR OF SUGARS
GOVERNMENT OF KARNATAKA
5TH FLOOR, CBAB COMPLEX,
CAUVERY BHAVAN, K.G. ROAD,
BANGALORE - 560 009, KARNATAKA
5. KARNATAKA STATE POLLUTION CONTROL BOARD
(KSPCB),
PARISARA BHAVAN, #49,
4TH AND 5TH FLOOR,
CHURCH STREET,
BANGALORE - 560 001.
KARNATAKA
REPRESENTED BY ITS MEMBER SECRETARY
6. THE EXCISE COMMISSIONER
2ND FLOOR, TTMC BUILDING
A BLOCK, BMTC, SHANTHINAGAR
BANGALORE - 560 027
KARNATAKA
7. THE RESERVE BANK OF INDIA
SFIO (SERIOUS FRAUD INVESTIGATION OFFICE)
OPPOSITE TO MARTHA'S HEART CENTRE
10/3/8, NRUPATHUNGA ROAD,
BANGALORE - 560 001
KARNATAKA
REPRESENTED BY REGIONAL DIRECTOR
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8. THE STATE BANK OF INDIA LIMITED
STRESSED ASSETS MANAGEMENT BRANCH
2ND FLOOR, OFFICE COMPLEX BUILDING,
L.H.O. CAMPUS, NO.65, ST. MARKS ROAD,
BANGALORE - 560 001
KARANATAKA
REPRESENTED BY BANK/BRANCH MANAGER
9. THE IDBI BANK LIMITED
BANGALORE MAIN BRANCH
IDBI HOUSE NO.58, MISSION ROAD,
BANGALORE - 560 027
KARNATAKA
REPRESENTED BY BANK/BRANCH MANAGER
10. THE ANDHRA BANK LIMITED
NO.2/3, RAJA BUILDING,
N.R. ROAD, BANGALORE - 560 002
KARNATAKA
REPRESENTED BY BANK/BRANCH MANAGER
11. THE KARNATAKA STATE COOPERATIVE
APEX BANK LTD
NO.1 "UTHUNGA
PAMPA MAHAKAVI ROAD,
CHAMARAJPET, BANGALORE - 560 018
KARNATAKA
REPRESENTED BY MANAGING DIRECTOR
12. M/S SOUBHAGYA LAXMI SUGARS LTD
A COMPANY REGISTERED UNDER THE
PROVISIONS OF COMPANIES ACT, 1956
AND HAVING ITS REGD. OFFICE
AT: NO.211/2B, FALLS ROAD,
GOKAK, TALUK-GOKAK, DISTRICT: BELAGAVI
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WP No. 514 of 2020
BELAGAVI - 591 307
KARNATAKA
ALSO HAVING ITS UNIT AT/PO: HIRENANDI
TALUK: GOKAK, DISTRICT BELAGAVI,
GOKAK - 591 233
KARNATKAA
REPRESENTED BY ITS MANAGING DIRECTOR
13. MR. VASANTRAO VEERAGONDA PATIL
S/O VEERAGONDA PATIL
AGE: 50 YEARS
OCCUPATION: BUSINESS
THE DIRECTOR,
M/S SOUBHAGYA LAXMI SUGARS LTD
R/O AT/PO: HIRENANDI, TALUK: GOKAK
DISTRICT BELAGAVI,
GOKAK 591 233
KARNATAKA
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R4 & R6;
MS. M.V.ADITI, ADVOCATE FOR R5;
SRI. VEERENDRA PATIL, ADVOCATE FOR R8;
SRI. T.P.MUTHANNA, ADVOCATE FOR R9;
SMT. POORNIMA S, ADVOCATE FOR R11;
SRI. G.R.ANANTHARAM, ADVOCATE FOR R10 & R12;
SRI. S.KALYAN BASAVARAJ, ADVOCATE FOR R13)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 R/W
227 OF THE CONSTITUTION OF INDIA PRAYING TO
CONSTITUTE A SPECIAL INVESTIGATING COMMITTEE TO
INVESTIGATE INTO THE VARIOUS MALPRACTICES
COMMITTED BY R-8 TO 11 - BANKS IN ACTIVE COLLUSION
WITH THE STATE GOVERNMENT OFFICIALS AND
RESPONDENT NO.12 COMPANY, ETC
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WP No. 514 of 2020
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The petition was filed as public interest petition in which, the
prayer was inter alia to direct constitution of Special Investigating
Committee to investigate into the alleged malpractices committed
by respondent Nos.8 to 11-Banks in collusion with the State
Government officials.
2. On 06.01.2025, this Court passed the following order,
"This public interest petition was filed seeking a
prayer to constitute Special Investigating Committee to
investigate into the alleged malpractices committed by
respondent Nos.8 to 11-the Banks in collusion with the
State Government officials.
By the order dated 01.07.2020, this Court
imposed on the petitioner cost of Rs.1,00,000/- to be
paid within four weeks.
Today when the petition came up for
consideration, the petitioner wanted to withdraw the
petition. It however transpired and was pointed out that
the petitioner has not so far paid the cost.
Cost shall be paid in compliance of the order
dated 01.07.2020 within one week from today.
The petition shall be next listed on 15.01.2025."
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3. By the aforesaid order, the petitioner was not permitted to
withdraw the petition in view of the fact that the petitioner had not
deposited the cost of Rs.1,00,000/- as directed in the order dated
01.07.2020.
4. Today, when the petition came up for consideration, learned
advocate Mr. B.M. Akshaya for the petitioner invited the attention of
the Court to the memo dated 06.01.2025 seeking withdrawal of the
petition on the ground that the petitioner is not interested in
prosecuting the petition inasmuch as the State authorities have
already initiated criminal action in the subject matter.
4.1 It was submitted that the cost of Rs.1,00,000/- is already paid
by way of Demand Draft drawn in favour of the Registrar General,
High Court of Karnataka, Bengaluru.
5. As prayed for, the petition stands dismissed as withdrawn. The
cost of Rs.1,00,000/- shall go to the Karnataka State Legal
Services Authority.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
