- 1 - NC: 2025:KHC-D:7228 WP No. 103038 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103038 OF 2025 (GM-RES) BETWEEN: RON POWER PRIVATE LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT NO.5, R. S. PLAZA, NEW B.E.L. ROAD, DEVASANDRA, R.M.V. EXTENSION II STAGE, BENGALURU NORTH, BENGALURU-560094, R/BY ITS AUTHORISED SIGNATORY. …PETITIONER (BY SRI. K.L.PATIL AND SRI. S.S.BETURMATH, ADVOCATES) AND: 1. THE STATE OF KARNATAKA THROUGH DEPARTMENT OF COMMERCE AND INDUSTRY, VIKASA SOUDHA, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER FOR CANE DEVELOPMENT AND DIRECTOR OF SUGAR, KARNATAKA HOUSING BOARD BUILDING, CBAB COMPLEX, F BLOCK, 5TH FLOOR, CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009. 3. THE DEPUTY COMMISSIONER GADAG DISTRICT, GADAG-582101. 4. THE DIRECTOR KARNATAKA GEO SPATIAL DATA CENTER, SURVEY OF INDIA, SARJAPUR ROAD, KORAMANGALA, 2ND BLOCK, BENGALURU-560034. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1 TO R3; NOTICE TO R4 IS DISPENSED WITH) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.05.23 10:28:28 +0530 - 2 - NC: 2025:KHC-D:7228 WP No. 103038 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 MANDAMUS DIRECTING THE RESPONDENTS TO ISSUE DISTANCE CERTIFICATE TO THE PETITIONER WITHIN A PERIOD OF 2 WEEKS, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER 1. Heard the learned counsel for the petitioner and learned HCGP for respondents No.1 to 3. 2. As already ordered, the notice to respondent No.4 is dispensed with as no relief is sought against respondent No.4. 3. Petitioner has submitted an application on 23.08.2023, which is marked at Annexure-B, in terms of which the petitioner has prayed to issue the distance certificate which is a pre requisite to commence a sugar factory. Pursuant to the said application, respondent No.2 addressed a letter to respondent No3-Deputy Commissioner on 24.08.2023 to furnish certain details. - 3 - NC: 2025:KHC-D:7228 WP No. 103038 of 2025 Acting on the said letter, the Deputy Commissioner submitted a report on 02.09.2023. 4. It is the grievance of the learned counsel for the petitioner that, despite the Deputy Commissioner having complied with the directions issued by the Cane Commissioner, the concerned authority has not taken any action to consider the petitioner’s application for issuance of the distance certificate. 5. Learned counsel for the petitioner further submits that, in the year 2023, the power to issue distance certificate is conferred upon respondent No.1. 6. Learned High Court Government Pleader submits that appropriate orders will be passed on the application in accordance with law. 7. This Court has considered the contentions raised at the bar. - 4 - NC: 2025:KHC-D:7228 WP No. 103038 of 2025 8. It is evident that the application seeking a distance certificate has not yet been considered by the concerned authority. Under these circumstances, respondents No.1 and 2 are directed to consider the petitioner’s application for issuance of a distance certificate in accordance with law. 9. It is also noticed that the application was filed in the year 2023. For this reason, respondents No.1 and 2 are directed to consider the same within four weeks from the date of receipt of a copy of this order. 10. It is further made clear that this Court has not expressed any opinion on the merits of the petitioner’s claim for issuance of distance certificate. It is for the competent authority to decide on the merits of the said application. Sd/- (ANANT RAMANATH HEGDE) JUDGE RHR/- Ct:vh List No.: 1 Sl No.: 47