M/S EID PARRY INDIA LTD vs THE CHIEF DIRECTOR (SUGAR)

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2026 Supreme(Online)(Kar) 24017

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
Ashok S. Kinagi, J
M/S EID PARRY INDIA LTD – Appellant
Versus
THE CHIEF DIRECTOR (SUGAR) – Respondent
WP No. 101782 of 2022

Important Points

The court permitted the withdrawal of the writ petition as the petitioners had filed a subsequent petition challenging the same subject matter, reserving their liberty to pursue the new remedy.

Subject

Civil - Writ Petition

Act Referred

Constitution of India: Art.226, Art.227

Headnote

(A) Civil Procedure - Withdrawal of Writ Petition - Petitioners seeking leave to withdraw a petition on the grounds that a subsequent petition has been filed covering the same subject matter is permissible. (Para 1, 3)

Issues: Whether the petitioners are permitted to withdraw the writ petition to pursue their remedy in a subsequent filing.

Advocates:
For the Appellants/Petitioners: Prashant F. Goudar
For the Respondents: Avinash M. Angadi, T. Hanama Reddy, Harshwardhan M. Patil

Table of Content
1. withdrawal of a writ petition upon the filing of a subsequent petition on the same subject matter. (Para 1 , 2 , 3 , 4)

WRIT PETITION NO.101782 OF 2022 (GM-RES)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION QUASHING THE COMMUNICATION DATED 23-02-2022 ISSUED BY THE RESPONDENT NO.3 TO THE RESPONDENT NO.2 FOR CONDUCTING SURVEY AND FURNISH THE DISTANCE CERTIFICATE BEARING NO.DSK/MK/36/2021-22/766 PRODUCED AT ANNEXURE-A. 2. ISSUE A WRIT IN THE NATURE OF MANDAMUS AND RESTRAIN THE RESPONDENT NO.2 FROM ISSUING DISTANCE CERTIFICATE TO THE RESPONDENT NO.3 IN THE PURSUANCE OF ITS REQUEST LETTER DATED 22-03-2022 NO.EIDP/HLY/AHNT-OBJ/2022-23 MADE TO RESPONDENT NO.3, PRODUCED AT ANNEXURE-G AND ETC.,.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. Learned counsel for the petitioners files a memo seeking leave of this Court to withdraw the writ petition, stating that the petitioners have filed W.P. No.103418 of 2026 (GM-RES) challenging the communication issued by the respondent authority for issuance of certificate, which is also the subject matter of the present petition.

2. The memo is taken on record.

3. In view of the same, the writ petition is dismissed as withdrawn. Liberty is reserved to the petitioners to pursue their remedy in W.P. No.103418 of 2026.

4. In view of disposal of the writ petition, I.A. Nos.1 of 2026 to 3 of 2026 do not survive for consideration and are accordingly disposed of.