- 1 - HC-KAR NC: 2025:KHC-D:11484 WP No. 106483 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8THDAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106483 OF 2025 (GM-RES) BETWEEN: 1. BASAVARAJ S/O. YALLAPPA PUNDI, AGE. 64 YEARS, OCC. AGRICULTURE, R/O. ITAGI - 591 112, TQ. KHANAPUR, DIST. BELAGAVI. 2. SMT. LAXMI W/O. ULAVAPPA ARALIKATTI, AGE. 35 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. HIREBAGEWADI - 591 109, TQ AND DIST. BELAGAVI. 3. LAXMAN S/O. BANAPPA YAMMI, AGE. 65 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O HIREBAGEWADI - 591 109, TQ AND DIST. BELAGAVI. 4. SHANKARAGOUDA S/O. GOUDAPPA PATIL, AGE. 57 YEARS, OCC. AGRICULTURE, R/O NO.106, BAILUR - 591 106, TQ. KITTUR, DIST. BELAGAVI. 5. MANJUNATH S/O. DODAGOUDA PATIL, AGE. 48 YEARS, OCC. AGRICULTURE, R/O DASTIKOPPA - 591 115, TQ. KITTUR, DIST. BELAGAVI. 6. JYOTIBA S/O. RAMAPPA HAIBATTI, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11484 WP No. 106483 of 2025 AGE. 29 YEARS, OCC. AGRICULTURE, R/O KADROLI - 591 115, TQ. KITTUR, DIST. BELAGAVI. 7. BASAVARAJ S/O. SHANKAR BENDIGERI, AGE. 49 YEARS, OCC. AGRICULTUE, R/O. HULIKATTI KA - 591 115, TQ. KITTUR, DIST. BELAGAVI. 8. SHIDDAPPA S/O. SHIDRAMAPPA DOORAPPANAVAR, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. HULIKATTI KA - 591 115, TQ. KITTUR, DIST. BELAGAVI. 9. ASHOK S/O KALLAPPA BENDIGERI AGE. 69 YEARS, OCC. AGRICULTURE, R/O. CHIKKAMUVALLI - 591 112, TQ. KHANAPUR, DIST. BELAGAVI. 10. BHARATESH S/O PARIS SHEBANNAVAR AGE. 54 YEARS, OCC. AGRICULTURE, R/O HALLADA ONI, DEVARASHIGIHALLI - 591 153, TQ. KITTUR, DIST. BELAGAVI. 11. SANJEEV S/O MANNAPPA HUBALEPPANNAVAR AGE. 66 YEARS, OCC. AGRICULTURE, R/O NO.1987, AMARAPUR ROAD, AMBEDKAR NAGAR, M.K.HUBBALLI - 591 118, TQ. KITTUR, DIST. BELAGAVI. 12. SAVANT S/O BASAPPA KIRABANAVAR AGE. 44 YEARS, OCC. AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-D:11484 WP No. 106483 of 2025 R/O NO.198, NAIKAR ONI TIGADOLLI - 591 115, TQ. KITTUR, DIST. BELAGAVI. …PETITIONERS (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA COMMERCE AND INDUSTRIES DEPARTMENT ROOM NO.106, VIKASA SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. UNDER SECRETARY (SUGAR) COMMERCE AND INDUSTRIES DEPARTMENT ROOM NO. 128, VIKASA SOUDHA BENGALURU-560001. 3. THE COMMISSIONER FOR CANE DEVELOPMENT. & DIRECTOR OF SUGAR 6TH FLOOR, F BLOCK, C.B.A.B.COMPLEX KHB BUILDING, CAUVERY BHAVAN, K.G.ROAD, BENGALURU - 560 009. 4. SHRI. MALAPRABHA SAHAKARI SAKKARE KARKANE NIYAMITA M.K. HUBBALLI-591153. TQ. BAILHONGAL, DIST. BELAGAVI. REP. BY MANAGING DIRECTOR. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3; SMT. R.M. HIREMATH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 AND 2 TO PASS APPROPRIATE ORDER/DIRECTIONS TO THE JOINT INQUIRY COMMITTEE TO HOLD INVESTIGATION OF THE MISAPPROPRIATION FOR THE PERIOD FROM 2023-24 ALONG WITH PERIOD FROM 2018-19 TO 2022-23 AS PER ORDER DATED. 29.07.2025 IN BEARING NO. CI 18 COAF 2022 BENGALURU VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 4 - HC-KAR NC: 2025:KHC-D:11484 WP No. 106483 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 3. Sri.R.M.Herimath., learned counsel is directed to accept notice for respondent No.4. 2. The petitioners are before this Court seeking for the following reliefs: i. Issue writ of mandamus directing the R1 & R2 to pass appropriate order/directions to the Joint Inquiry Committee to hold investigation of the misappropriation for the period from 2023-24 alongwith period from 2018-19 to 2022-23 as per Order dated 29.07.2025 in Bearing No. CI 18 COAF 2022 Bengaluru vide Annexure-G, in the interest of justice and equity. ii. To grant such other relief as this Hon’ble Court deems fit in the interest of justice and equity. 3. Vide order dated 29.07.2025 at Annexure-G an enquiry committee was constituted to enquire into the affairs of respondent No.4-Sugar Factory for the year 2018-19 to 2022-23. The petitioners being the directors of respondent No.4 are before this Court - 5 - HC-KAR NC: 2025:KHC-D:11484 WP No. 106483 of 2025 contending that the representation for enquiring into the year 2023-24 has not been considered. 4. Having heard learned counsel for the petitioners and pursued documents the order dated 29.07.2025 being restricted from 2018 to 2023, the petitioners themselves wanting to investigate an enquiry into the allegations of misappropriation until the present date or until the date on which the enquiry report is submitted would be in the interest of justice considering that the petitioner-directors themselves wants such an investigation to be made. 5. In that view of the matter, I pass the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing respondents No.1 and 2 to instruct and/or directions to Joint Enquiry Committee to enquire into the affairs of respondent No.4 upto the date of submission of - 6 - HC-KAR NC: 2025:KHC-D:11484 WP No. 106483 of 2025 the enquiry report, within a period of six weeks from the date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 52