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2025 DAILYLAW 61371 (KAR)

THE INDIA SUGARS AND REFINERIES LTD v. THE DEPUTY COMMISSIONER

WP/106953/2025 · 2025-09-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12410 WP No. 106953 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106953 OF 2025 (LB-RES) BETWEEN: THE INDIA SUGARS AND REFINERIES LTD REGD OFFICE AND FACTORY, CHITWADGI-583211, HOSPET, DISTRICT: VIJAYANAGAR, BY ITS MANAGER GODOWN, SHARNAPPA M A S/O. MALLAPPA, AGE: 53 YEARS …PETITIONER (BY SRI. MALLIKARJUNASWAMY B. HIREMATH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER VIJAYANAGAR-587101. 2. THE TAHASHILDAR HOSPET-583201. 3. THE COMMISSIONER CITY MUNICIPAL COUNCIL, HOSPET-583201. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO ISSUE FORM NO.III BY CONSIDERING APPLICATION DATED 24.10.2024 (ANNEXURE-G) TO PROPERTY BEARING DOOR Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12410 WP No. 106953 of 2025 NO.52A, ASSESSMENT NO.53A MEASURING 22,921.44 SQUARE METERS (2,46,634.69) SQUARE FEET) SITUATED AT WARD NO.2 SITUATED AT CHITTAWADGI, HOSAPET AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of mandamus directing the 3rd respondent to issue Form No.III by considering application dated 24.10.2024 (Annexure-G) to property bearing Door No.52A, Assessment No.53A measuring 22,921.44 square meters (2,46,634.69) square feet) situated at Ward No.2 situated at Chittawadgi, Hosapet. b. Issue such other writ or order as this Hon’ble Court deems fit in the facts and circumstances of the case. 2. Learned counsel for the petitioner has filed a memo dated 16.09.2025, seeking liberty to challenge the endorsement, which reads as under: - 3 - HC-KAR NC: 2025:KHC-D:12410 WP No. 106953 of 2025 “It is submitted that above writ petition is filed seeking mandamus to consider the application/Form No. 3 wherein after filing of the above writ petition, the Respondent No. 3 The Commissioner of City muncipal council Hosapete, Hosapete was pleased to issued endorsement dated 8/09/2025 received on 9/09/2025 rejecting the application filed by the petitioner. Hence, in view of subsequent development, the petitioner herein may be permitted to withdraw the above petition as not pressed with a liberty to challenge the endorsement dated 08/09/2025 in the interest of justice.” 3. The memo is placed on record. Accordingly, the writ petition is disposed of with liberty as sought for in the memo. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 204