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2008 Supreme(Kar) 21

S.ABDUL NAZEER
SRI RAMU SOLANKE – Appellant
Versus
STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPT. OF COMMERCE AND INDUSTRY – Respondent


Advocates appearing for
Petitioners: Sri E.R. Indrakumar, Sr. Adv. for Sri M.V. Seshachala, Advs.
Respondents:Sri Udaya Rolla, AG., Sri S.R. Hedge lIudlamane, Advocate for R4 &5. Sri S.S. Halalli,Advs.

ORDER

Abdul Nazecr, J

In this case, the petitioners have challenged the validity of the notification at Annexure ‘E’ dated 19.7.2007 issued by respondent Nos.3 and 4 whereby tenders have been invited for lease of Raibag Sahakari Sakkare Karkhane Niyamitha, Raibag, Belgaum District, under lease, rehabilitated, operate and transfer (for short ‘LROT’) basis for a period of 30 (thirty) years starting from the year 2007-08 to 2036-37. The petitioners have also challenged the proceedings of the State Government at Annexure ‘G’ dated 5.8.2006 whereby the State Government has decided to revive the aforesaid sugar factory by way of lease on the model of Sriram a Sahakari Sakkare Karkhane . Limited and the Government Order at Annexure ‘H’ dated 16.1.2007 deciding to lease the aforesaid sugar factory for a period of 30 years on LROT basis.

2. The petitioners are the shareholders and members of the 4th respondent-Raibag Sahakari Sakkare Karkhane Niyamitha, Raibag, Belgaum District, (‘for short ‘society’). The said society is registered under the Karnataka Co-operative Societies Act, 1957 (for short ‘the Act’). The society is carrying on the activities of manufacture of sugar. The society purc






















































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