THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER/COMMUNICATION DATED 12.7.2023, BEARING NO.DSK/MK/44/2019/20/440, ISSUED BY THE R-7 (ANNXA); QUASH THE LETTER / COMMUNICATION DTD 28.7.2023, BEARING NO.DSK/MK/44/2019/20/505, ISSUED BY THE R-7 (ANNX-B) AND ETC.

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

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioner before this Court is seeking following reliefs;

i. Issue a Writ of Certiorari to quash the letter/communication dated 12.07.2023, bearing No. DKS/MK/44/2019, issued by the Respondent No. 7 (ANNEXURE A)

ii. Issue a Writ of Certiorari to quash the letter/communication dated 28.07.2023, bearing No. No. DSK/MK/44/2019, issued by the Respondent No. 7 (ANNEXURE B)

iii. Direct, by a Writ of Mandamus, Respondent Nos. 1 to 7 to permit the Petitioner to implement the project approved as per the Government order 10.02.2010 (Annexure E) and 01.03.2011 (Annexure L) and grant all necessary permissions and clearances expeditiously.

iv. Declare, by a Writ of Mandamus, that the Respondent No. 11 has no right to implement the project of establishing a Sugar Factory.

V. To grant such other order/s, relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.

vi. Issue a Writ of Certiorari to quash the IEM dated 02.08.2023 bearing No. 688/N/SIA/IMO/2023 (produced as ANNEXURE AG), issued by the Respondent No.1 and Respondent No.3 in favour of Respondent No.11."

2. The facts of the case are that originally one M/s. MRN Sugars and Power Ltd., Shegunasi village, Vijapur Taluk and District had made an application dated 01.01.2010 expressing its intention to establish a sugar factory on the land bearing Sy.No.126 of Halagani Village, Vijayapura Taluk. That the State High Level Clearance Committee by its meeting held on 05.01.2010 had passed resolution granting permission to said M/s MRN Sugars and Power Ltd., to establish a sugar plant with certain conditions attached thereto. A Government order dated 10.02.2010 came to be issued in this regard. Thereafter, in another meeting dated 24.01.2011, the State High Level Clearance Committee had purportedly allowed transfer of aforesaid permission by the said M/s. MRN Sugars and Power Ltd. in favour of M/s. Vijayashree Sugars and Power Ltd., the petitioner before this Court.

3. Learned counsel for the petitioner submits that the present petitioner was pursuing the matter with regard to issuance of certificate as contemplated under Sections 6A and 6B of Sugarcane (Control) Amendment Order, 2006. However, at the instance of private respondent No.11, the application filed for issuance of certificates has not been considered, constraining the petitioner to approach this Court on earlier occasion by filing a writ petition in WP Nos.27600-601/2019. The said writ petition came to be disposed of on 19.08.2019 directing the Commissioner for Cane Development and Director of Sugar for Karnataka, Government of Karnataka- the respondent No.6 therein to consider the application of the petitioner herein which was annexed as Annexure-M to the said writ petition. Despite the said order no action was taken at the hands of respondent No.6/Commissioner therein.

4. That in the meanwhile impugned communication at Annexures-A and B to the present petition came to be passed by the respondent-authorities on a completely new premise of earlier permission having stood expired by afflux of time. That respondent-authority without even discharging the statutory obligation of granting or refusing to grant the distance certificate could not have opted the means to decline the entitlement of the petitioner by issuing impugned communications which have no relevance to the facts and circumstances of the case. That despite persistent follow-up by the petitioner, respondent-authorities have not taken any action causing