Karnataka High Court
M/S Sufal Mango Growers Association ... vs Managing Director on 8 April, 2013
Author: Dilip B.Bhosale
Bench: Dilip B. Bhosale
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH, AT DHARWAD
DATED THIS THE 08TH DAY OF APRIL 2013
BEFORE
THE HON'BLE MR.JUSTICE DILIP B. BHOSALE
WRIT PETITION No.76370/2013 (GM-RES)
C/W
WRIT PETITION No.76371/2013 (GM-RES)
IN W.P. No.76370/2013:
BETWEEN:
1. M/S SUFAL MANGO GROWERS ASSOCIATION (REGD),
HAVING ITS REGISTERED OFFICE AT NO.71, 15TH
CROSS, LINGARAJ NAGAR (N) ,HUBLI-580031
REPRESENTED BY ITS PRESIDENT-
DR.SAVANURMATH C.J.
... PETITIONER
(By SRI D.R.RAVISHANKAR FOR M/s LEX NEXUS, Advocate)
AND
1. MANAGING DIRECTOR,
VISHWESHWARAIAH INDURSTRIAL TRADE CENTRE
(VITC) 3RD FLOOR, VITC BUILDINGS,
KASTURBA ROAD, BANGALORE.
2. THE MANAGING DIRECTOR,
KARNATAKA STATE AGRICULTURAL
PRODUCE PROCESSIONG AND
EXPORT CORPORATION (KAPPEC),
NO.17, RICHMOND ROAD,
BANGALORE-560025.
... RESPONDENTS
2
(By SRI K.L.PATIL, ADV. FOR R-1; SRI C.M.POONACHA, ADVOCATE FOR M/s LEX PLEXUS FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 2ND RESPONDENT TO IMPLEMENT THE PROJECT AND TO COMMISSION THE SAME BY THE END OF FEBRUARY 2013 AND TO HANDOVER THE PROJECT TO THE PETITIONER ASSOCIATION SO THAT THE FARMERS COULD BE BENEFITED BY THE SAME IN TERMS OF THE MOU DTD.21.01.2010, ANNEXURE-C, etc. IN W.P. No.76371 OF 2013 BETWEEN
1. M/S SUFAL POMEGRANATE AND CHILLI GROWERS' ASSOCIATION, HAVING ITS REGISTERED OFFICE AT ARAKERI BILAGI TALUK, BAGALKOT DISTRICT, REPRESENTED BY THE PRESIDENT SRI C.R.SORGAVI.
... PETITIONER (By SRI D.R.RAVISHANKAR FOR M/s LEX NEXUS, Advocate) AND
1. MANAGING DIRECTOR, VISHWESHWARAIAH INDURSTRIAL TRADE CENTRE (VITC), 3RD FLOOR, VITC BUILDINGS, KASTURBA ROAD, BANGALORE.
2. THE MANAGING DIRECTOR, KARNATAKA STATE AGRICULTURAL PRODUCE PROCESSIONG AND EXPORT CORPORATION (KAPPEC), NO.17, RICHMOND ROAD, BANGALORE-560025.
... RESPONDENTS 3 (By SRI K.L.PATIL, ADV. FOR R-1; SRI C.M.POONACHA, ADVOCATE FOR M/s LEX PLEXUS FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 2ND RESPONDENT TO IMPLEMENT THE PROJECT AND TO COMMISSION THE SAME BY THE END OF FEBRUARY 2013 AND TO HANDOVER THE PROJECT TO THE PETITIONER ASSOCIATION SO THAT THE FARMERS COULD BE BENEFITED BY THE SAME IN TERMS OF THE MOU DTD.21.01.2010 ANNEXURE-C, etc. THESE WRIT PETITIONS COMING FOR FURTHER ORDERS ON THIS DAY, THE COURT MADE THE FOLLOWING:
PC :
Heard learned Counsel for the parties.
2. Petitioners in the present writ petitions seek the following relief:
(a) Issue a writ in the nature of mandamus directing the 2nd respondent to implement the project and to commission the same by the end of February 2013 and to handover the project to the petitioner association so that the farmers could be benefited by the same in terms of the MOU dated 21.01.2010, Annexure-C, or in the alternative, direct the 2nd respondent to consider the 4 representation of the petitioner dated 26.10.2012 produced as per Annexure-E to the writ petition."
3. Learned Counsel for respondent No.2, on instructions, submits that 80% of the project is complete and the remaining 20% will also be completed within next three months. Thus, he submits, the project will be ready within next three months for implementation, subject to the orders from the State Government as per Annexure-R-2(E) i.e., letter dated 30.10.2012. His statement is recorded and accepted.
4. In view thereof, learned Counsel for the petitioners does not press these petitions and seeks liberty to the petitioners to approach the appropriate forum, if the circumstances so demand.
Petitions are disposed of as withdrawn with the liberty as prayed.
Sd/-
JUDGE mkc