M/S CHAMUDESHWARI SUGARS LIMITED v. THE STATE OF KARNATAKA
WP/14206/2024 · 2025-08-11
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74543 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74543 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:30934 WP No. 14206 of 2024 C/W WP No. 20280 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14206 OF 2024 (GM-RES) C/W WRIT PETITION NO. 20280 OF 2024 (GM-RES)
IN WP No. 14206/2024 BETWEEN:
M/S CHAMUDESHWARI SUGARS LIMITED A PUBLIC LIMITED COMPANY, REGISTERED UNDER THE COMPANY ACT 1956 HAVING ITS REGISTERED OFFICE AT NO 88/5 RICHMOND ROAD, BANGALORE 560025 REPRESENTED BY ITS PRESIDENT SRI K R NACHIAPPAN S/O RAMASAMI AGED ABOUT 76 YEARS
FACTORY ADDRESS UNIT 1 SRI CHAMUDESHWARI SUGARS LIMITED SRINIVASAPURA CHANNARAYAPATNA TALUK AND HASSAN DIST KARNATAKA 57311 (COMPANY REGISTERED UNDER THE COMPANYS ACT 1956) …PETITIONER (BY SRI. SUHAS H S., ADVOCATE)
Digitally signed by VANAMALA N Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:30934 WP No. 14206 of 2024 C/W WP No. 20280 of 2024
AND:
1. THE STATE OF KARNATAKA FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS AND LEGAL METROLOGY DEPARTMENT, M S BUILDINGS, DR B R AMBEDKAR VEEDHI, BENGALURU 560001 REPRESENTED BY ITS SECRETARY
2. THE COMMISSIONER FOR CANE DEVELOPMENT AND DIRECTOR OF SUGAR IN KARNATAKA CBAB COMPLEX, 5TH FLOOR, F BLOCK CAURVERY BHAVAN, K G ROAD, BENGALURU 560009
3. THE CONTROLLER OF LEGAL METROLOGY OFFICE OF THE DEPARTMENT OF LEGAL METROLOGY NO 1, ALI ASKER ROAD, NEAR RAJ BHAVAN BENGALURU KARNATAKA
4. THE ASSISTANT CONTROLLER OF LEGAL METROLOGY NO B-25, APMC YARD, KALAHALLI, MANDYA 571401 …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER BEARING NO.AA.NA.SA 126 KA MA SE 2023, BENGALURU DATED 27/11/2023 ISSUED BY THE R1, VIDE ANNEXURE-A, THE COMMUNICATIONS BEARING NO. DSK/SK/30/2015-16 DATED 01/12/2023, AND THE COMMUNICATION BERAING DSK/SK/30/2015-16 DATED 03/01/2024 OF THE R2 VIDE ANNEXURES-B AND C TO THE WP. - 3 -
HC-KAR NC: 2025:KHC:30934 WP No. 14206 of 2024 C/W WP No. 20280 of 2024
IN WP NO. 20280/2024 BETWEEN:
1. THE SOUTH INDIAN SUGAR MILLS ASSOCIATION (KARNATAKA) FARAH BUILDING 1ST FLOOR NO.133/6 INFANTRY ROAD BENGALURU 560001 REP BY ITS SECRETARY DR SHANKARAYYA S SALIMATH S/O SHANKARAYYA AGED ABOUT 66 YEARS SECRETARY (A COMPANY REGISTERED UNDER THE COMPANIES REGISTRATION ACT 1956)
2.
M/S VIJAYANAGAR SUGAR PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT PLOT NO.359 ROAD NO.80 JUBILEE HILLS HYDERABAD 500033 REP BY ITS AUTHORIZED SIGNATORY SRI K DHARMENDRA ASSISTANT GENERAL MANAGER (ACCOUNTS) AGED ABOUT 48 YEARS (A COMPANY REGISTERED UNDER THE COMPANIES REGISTRATION ACT 1956)
3. M/S DAVANGERE SUGAR COMPANY LIMITED HAVING ITS CORPORATE OFFICE AT NO.73/1 SHAMANUR ROAD DAVANAGERE 577004 REP BY ITS MANAGING DIRECTOR SRI GANESH S SHAMANUR S/O SHAMANUR SHIVASHANKARAPPA AGED ABOUT 63 YEARS (A COMPANY REGISTERED UNDER THE
- 4 -
HC-KAR NC: 2025:KHC:30934 WP No. 14206 of 2024 C/W WP No. 20280 of 2024
COMPANIES REGISTRATION ACT 1956) ...PETITIONERS (BY SRI. SUHAS H S.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS AND LEGAL METRO LOGY DEPARTMENT M S BUILDING DR B R AMBEDKAR VEEDHI BENGALURU 560001 REP BY ITS SECRETARY
2. THE COMMISSIONER FOR CANE DEVELOPMENT AND DIRECTOR OF SUGAR IN KARNATAKA CBAB COMPLEX 5TH FLOOR F BLOCK CAUVERY BHAVAN, K G ROAD BENGALURU 560009 ...RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT
ORDER BEARING NO.AA.NA.SA 126 KA MA SE 2023 BENGALURU DTD. 27.11.2023 ISSUED BY THE R-1 PRODUCED AS ANNX-A AND ALSO THE COMMUNICATION OF THE R-2 BEARING NO. DSK/SK/30/2015-16 DTD.
01.12.2023 PRODUCED AS ANNX-B TO THE WRIT PETITION.
- 5 -
HC-KAR NC: 2025:KHC:30934 WP No. 14206 of 2024 C/W WP No. 20280 of 2024
THESE PETITIONS, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The short question for decision in these petitions is: should the sugar factories concerned be permitted two or three months to ensure instalment of necessary devices for weighment at the entrance of the factory premises. The petition in W.P. No.14206/2024 is by one of the 42 sugar factories represented by the first petitioner in W.P. No.20280/2024, [an association of the owners of the sugar factories]. In terms of the liberty granted by this Court on 04.08.2025, the Secretary of the first Petitioner in W.P.No.20280/2024 has filed an affidavit enclosing the details of its members and the factories that are yet to install the device.
In continuation, Mr. H. S. Suhas, the learned counsel for the petitioner, submits that out of the 42
- 6 -
HC-KAR NC: 2025:KHC:30934 WP No. 14206 of 2024 C/W WP No. 20280 of 2024
sugar factories, including the petitioner in W.P. No.14206/2024, only M/s. Davangere Sugar Company Limited, Davangere will have to install the device and all the other factories have now installed the device, and insofar as M/s. Davanagere Sugar Company Limited, Davangere, the learned counsel submits that this Court may, as requested in the affidavit, grant two or three months.
Mr. Shamanth Naik, the learned High Court Government Pleader, submits on instructions, that even if the effort is begun today, the afore factory can install the device within ten days. The question of granting some reasonable time is examined in the light of these circumstances, and this Court opines that M/s. Davangere Sugar Company Limited, Davangere must install the device by 12.09.2025 observing that if there is any failure, the respondents would be at liberty to initiate appropriate action.
In the light of the afore, the following:
- 7 -
HC-KAR NC: 2025:KHC:30934 WP No. 14206 of 2024 C/W WP No. 20280 of 2024
ORDER The petition in W.P. No.14206/2024 stands disposed of as having become infructuous and the petition in W.P. No.20280/2024 stands
disposed of permitting M/s. Davanagere Sugar Factory, Davanagere time till 12.09.2025 to install the device as required observing that any failure shall result in due consequence.
Sd/- (B M SHYAM PRASAD) JUDGE
RB