- 1 - HC-KAR NC: 2025:KHC-D:16058 WP No. 116065 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 116065 OF 2019 (GM-RES) BETWEEN: 1. CHANDRAPPA BASAPPA BANAKAR AGE: 70 YEARS, OCC: AGRICULTURE. 2. REVANAPPA BASAPPA BANAKAR AGE: 66 YEARS, OCC: AGRICULTURE. 2a. ASHWINI D/O. REFVANEPPA BANKAR AGE: 38 YEARS, OCC: HOUSEOWORK, R/O. NO.123 STAGE SRINIDI LAYOUT, VIDYARANYAPURA BBMP, BENGALURU-560097. 2b. NAYANA D/O. REVANELPPA BANAKAR AGE: 36 YEARS, OCC: HOUSE WORK, R/O. NO.123 SATE SRINIDI LAYOUT,VIDYARANYAPURA BBMP, BENGALURU-560097. 2c. ANITHA D/O. REVANAPPA BANKER AGE: 32 YEARS,OCC HOUSE WORK R/O. NO.123 SATE SRINIDI LAYOUT,VIDYARANYAPURA BBMP, BENGALURU-560097. 3. NAGAPPA BASAPPA BANAKAR AGE: 64 YEARS, PETITIONERS 1 TO 3 ARE RESIDING AT NAGENAHALLI, RANEBENNUR TALUK, HAVERI DISTRICT, KARNATAKA. …PETITIONERS (BY SRI. G. N. NARASAMMANAVAR, ADVOCATE) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16058 WP No. 116065 of 2019 AND: 1. DEPUTY COMMISSIONER HAVERI DISTRICT, HAVERI-581110. 2. THE MANAGING DIRECTOR MYLAR SUGAR LIMITED, BEERABBI, RANEBENNUR TALUK, HAVRI DISTRICT, KARNATAKA STATE-583216. 3. EXECUTIVE ENGINEER (ELE.) RANEBENNUR DIVISION, HESCOM, RANEBENNUR-581115. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. B.S. KAMATE, ADVOCATE FOR R3; SRI. B.M. ANGADI, ADVOCATE FOR R3; R2-SERVED) 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 MANDAMUS TO TAKE A CORRECTIVE ACTION OF OUR LETTER DATED 11.07.2019 AND 09.09.2019 BEFORE RESPONDENT NO2 MYLAR SUGAR FACTORY AS MENTIONED IN THE AS MENTIONED IN THE ANNEXURE D AND E AND ALSO BEFORE RESPONDENT NO.1 DATED 23.02.2019 AS PER ANNEXURE K AND 19.06.2019 ANNEXURE-F 05.07.2019 AS PER ANNEXURES L FURTHER BEFORE RESPONDENT NO.3. THEREAFTER TAKE APPROPRIATE REMEDIAL ACTION AS PER LAW ON INTEREST SO THAT THE PETITIONERS ARE FARMERS AND GET THE JUSTICE IN THE INTEREST OF EQUITY. 2. ISSUE APPROPRIATE ORDER, WRIT OR DIRECTION TO THE RESPONDENTS NO.1 2 AND 3 TO COMPENSATE THE CROP LOSSES OF SUGAR CANE DUE TO FIRE AND NEGLIGENCY OF TRACTOR DRIVER OF MYLAR SUGAR FACTORY TRACTOR BEARING NO.KA31 T 2833 WITH TWO TROLLEYS 1) NO.KA 24 TRS 694 2) MH 13 AJ 4395 HAD TOUCH THE LOW LYING OF IP AND HT POWERLINE AND ESTIMATED LOSS OF RS.10.00LAKHS BY THE RESPONDENT 1, 2 AND 3. FURTHER GIVE DIRECTION TO RESPONDENT NO.1 2 AND 3 TO COMPENSATE THE LOSS OF SUGAR CANE DUE TO NEGLIGENCY AND PRAY FOR COMPENSATION OF RS.10.00 LAKHS. - 3 - HC-KAR NC: 2025:KHC-D:16058 WP No. 116065 of 2019 THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: a. “Issue a Writ in the nature of Mandamus to take a corrective action of our letter dated 11.07.2019 and 09.09.2019 before Respondent No2 Mylar Sugar Factory as mentioned in the as mentioned in the ANNEXURE-D and E and also before respondent No.1 dated 23.02.2019 as per ANNEXURE-K and 19.06.2019 ANNEXURE-F 05.07.2019 as per ANNEXURES-L further before respondent No.3. Thereafter take appropriate remedial action as per law on interest so that the petitioners are farmers and get the justice in the interest of equity. b. Issue appropriate order, writ or direction to the respondents No.1 2 and 3 to compensate the crop losses of Sugar cane due to fire and negligency of tractor driver of Mylar Sugar factory tractor bearing No.KA31 T 2833 with two Trolleys 1) No.KA 24 TRS 694 2) MH 13 AJ 4395 had touch the low lying of IP and HT powerline and estimated loss of Rs.10.00lakhs by the Respondent 1, 2 and 3. Further give Direction to Respondent No.1, 2 and 3 to compensate the loss of sugar cane due to negligency and pray for compensation of Rs.10.00 lakhs. c. Pass such other orders of relief as this Hon’ble Court may deem fit and proper in the circumstances of the case, in the interest of justice and equity.” 2. The petitioners are said to have suffered on account of the negligent driving on the part of the driver of respondent No.2–Sugar Factory, the tractor driver having come in contact with the IP and HD low-lying power lines over the sugarcane - 4 - HC-KAR NC: 2025:KHC-D:16058 WP No. 116065 of 2019 crop. Therefore, the entire blame in the petition is attributed to the 2nd respondent. 3. Merely because a representation is given to the State, the 1st respondent and the 3rd respondent, the petition would not become maintainable unless the State is required to answer the claim. 4. The petitioner seeks to project an incidental liability on the part of the State, which is impermissible in the case at hand. 5. Therefore, reserving liberty to the petitioners to avail all remedies available in law, the petition stands disposed of. 6. In the event the petitioners avail any such remedy, respondent No.2 shall not be permitted to raise the plea of limitation, as the petition was pending before this Court for the last six years, and the benefit of Section 14 of the Limitation Act shall be available to the petitioner. 7. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC CT:ANB/List No.: 1 Sl No.: 68