- 1 - HC-KAR NC: 2025:KHC-D:14101 WP No. 107646 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107646 OF 2025 (GM-RES) BETWEEN: M/S VIJAYNAGAR SUGAR PVT. LTD., (A COMAPNY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT 1956) HAVING ITS REGISTERED OFFICE AT PLOT NO. 90, STREET NO.7, SAGAR CO-OP HOUSING SOCIETY, RAOD NO.2 BANJARA HILLS, HYDERABAD 500034. HAVING ITS FACTORY AT GANGAPUR VILLAGE, MUNDARGI TALUQ, DIST. GADAG 582 118. (R/BY ITS AGM AND AUTHORIZED REPRESENTATIVE MR. DHARMENDRA KAVALI). …PETITIONER (BY SRI. VEERESH R. BUDHIHAL AND SRI. GURUDEV I. GACHCHINAMATH, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, R/BY THE UNDER SECRETARY TO GOVERNMENT, COMMERCE AND INDUSTRIES DEPT. VIKAS SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE 560 001. 2. THE COMMISSIONER FOR CANE DEVELOPMENT AND DIRECTOR OF SUGARS IN KARNATAKA, KARNATAKA HOUSING BOARD COMPLEX, CBAB COMPLEX, F BLOCK, 5TH FLOOR, KAUVERI BHAVAN, K.G. ROAD, BANGALORE 560 001. 3. THE DEPUTY COMMISSIONER, MINI VIDHAN SOUDHA (DC OFFICE), HUBBALLI ROAD, GADAG – 582 103. …RESPONDENTS (BY SRI. J.M.GANGADHAR, AAG A/W SRI. V.S.KALASURMATH, AGA FOR RESPONDENT/STATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka Dharwad Bench Date: 2025.10.18 12:17:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14101 WP No. 107646 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE GOVERNMENT ORDER NO. CI 234 SGF 2025 BENGALURU DATED-06.08.2025 ISSUED BY THE 1ST RESPONDENT VIDE ANNEXURE C. DECLARE THAT THE SUGAR FACTORIES CAN COMMENCE THEIR CRUSHING OPERATIONS HAVING REGARD TO THEIR PLANTATION OF THE SUGARCANE IN THEIR RESERVED AREAS AS THERE IS NO PROHIBITION UNDER LAW FOR COMMENCEMENT OF CRUSHING OPERATIONS AND. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION TO THE RESPONDENT NO.1 AND RESPONDENT NO.2 TO TAKE EFFECTIVE STEPS AND MEASURES TO ENSURE THAT NO OTHER SUGAR FACTORY RECEIVES OR ACCEPTS THE SUGARCANE FROM THE CANE AREA ALLOCATED TO THE PETITIONER. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION TO THE RESPONDENT NO.1 AND RESPONDENT. NO.2 TO ENFORCE AND IMPLEMENT THE PROVISIONS OF THE SUGAR CANE CONTROL ORDER, 1966 AND THE PROVISIONS OF THE KARNATAKA SUGARCANE (REGULATION OF PURCHASE AND SUPPLY) ACT, 2013 (KARNATAKA ACT 33 OF 2013) AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Learned counsel for the petitioner submits that the Coordinate Bench has granted an interim order in identical circumstances in W.P. No.30952 of 2025 on 15.10.2025, which reads as under: “1. Considering that interest of several hundreds of farmers are being affected by the delay in the grant of permission for crushing activities by the petitioner- Sugar company, after taking into consideration - 3 - HC-KAR NC: 2025:KHC-D:14101 WP No. 107646 of 2025 the photographs which have been produced at page Nos.92, 93 and 94, as also the report submitted relating to planting date of sugarcane at Annexure-N, I am of the considered opinion that the petitioner would be required to have to be permitted to commence the crushing activities, otherwise the interest of hundreds of sugarcane farmers would be adversely affected. 2. It is made clear that the petitioner shall maintain the record of the farmers from whom the sugarcane is procured and submit report to respondent No.2 every second day, for better clarity the report for Monday would be submitted on Wednesday, the report for Tuesday would be submitted on Thursday, indicating the details of: i. The farmer from whom it has been procured; ii. Address of the farmer; iii. The address/location of the sugarcane farm; and iv. The extent of sugar cane procured. 3. In the event respondent No.2 finding that the petitioner has purchased sugarcane from a farmer, who is not within the reserve area, respondent No.2 would be entitled to initiate such proceedings under the Act and Rules and pass orders as are permissible. 4. Relist on 30.10.2025 at 2.30 p.m. - 4 - HC-KAR NC: 2025:KHC-D:14101 WP No. 107646 of 2025 5. The presence of Cane Commissioner is dispensed with.” 2. Heard the learned counsel Shri Veeresh R.Budihal and Shri G.I. Gachchinamath appearing for the petitioner and the learned AAG Shri J.M. Gangadhar along with Shri V.S. Kalasurmath, learned AGA for respondent – State. 3. Learned AAG submits that within an outer limit of one week the policy would be reviewed and submits that the interim order may continue till the review of the policy and the petition be disposed. 4. In that light, I deem it appropriate to dispose the petition with the interim order to be in subsistence till the review of the policy. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 7