- 1 - NC: 2025:KHC:1314-DB 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) AND: 1. STATE 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. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1314-DB 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 - 3 - NC: 2025:KHC:1314-DB WP No. 514 of 2020 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 - 4 - NC: 2025:KHC:1314-DB 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: - 5 - NC: 2025:KHC:1314-DB 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." - 6 - NC: 2025:KHC:1314-DB WP No. 514 of 2020 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 VMB, List No.: 1 Sl No.: 86