Karnataka High Court
Sri. Muthige Rajegowda vs The Union Of India on 23 August, 2023
Author: R Devdas
Bench: R Devdas
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NC: 2023:KHC:30124
WP No. 36846 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.36846 OF 2016 (CS-RES)
BETWEEN:
1. SRI. MUTHIGE RAJEGOWDA,
S/O LATE NINGE GOWDA,
AGED ABOUT 66 YEARS,
R/O MUTHIGE VILLAGE,
ARKALGUD TALUK,
DIRECTOR,
HEMAVATHI CO OPERATIVE SUGAR
FACTORY LIMITED, SRINIVASAPURA,
CHANNARAYANAPATNA TALUK,
HASSAN DISTRICT-583114
2. SRI C.C RAVISH
S/O CHANDRE GOWDA,
AGED ABOUT 55 YEARS,
Digitally signed by R/O CHIKKABELATHI VILLAGE,
JUANITA
THEJESWINI
Location: HIGH
DIRECTOR,
COURT OF HEMAVATHI CO OPERATIVE SUGAR
KARNATAKA
FACTORY LIMITED, SRINIVASAPURA,
CHANNARAYANAPATNA TALUK,
HASSAN DISTRICT-583114
3. SRI V K NARAYANA
S/O KALE GOWDA,
AGED ABOUT 62 YEARS,
R/O VALAMBIGE VILLAGE,
HOLENARASIPUR TALUK,
DIRECTOR,
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NC: 2023:KHC:30124
WP No. 36846 of 2016
HEMAVATHI CO OPERATIVE SUGAR
FACTORY LIMITED, SRINIVASAPURA,
CHANNARAYANAPATNA TALUK,
HASSAN DISTRICT 583114
...PETITIONERS
(BY SRI. M.R. RAJAGOPAL, SENIOR COUNSEL A/W.
SRI. H.N. BASAVARAJU, ADVOCATE)
AND:
1. THE UNION OF INDIA
BY ITS SECRETARY,
DEPARTMENT OF LAW & PARLIAMENTARY
SECRETARIAT, PARLIAMENT HOUSE,
NEW DELHI-01
2. THE STATE OF KARNATAKA
BY ITS SECRETARY, DEPARTMENT OF LAW &
PARLIAMENTARY AFFAIRS,
VIDHANA SOUDHA, BANGALORE-560001
3. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA, BANGALORE-560001
4. THE REGISTRAR OF CO OPERATIVE SOCIETIES
IN KARNATAKA, ALIASKAR ROAD,
BANGALORE-560001
5. THE COMMISSIONER FOR SUGAR
CANE DEVELOPMENT & DIRECTOR (SUGAR)
K H T BUILDING, CBIT COMPLEX,
F BLOCK, 5TH FLOOR, CAUVERI BHAVAN,
KEMPEGOWDA ROAD, BANGALORE-560002
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NC: 2023:KHC:30124
WP No. 36846 of 2016
6. HEMAVATHI CO OPERATIVE SUGAR FACTORY
BY ITS MANAGING DIRECTOR, SRINIVASAPURA,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT-573028
...RESPONDENTS
(BY SRI. SHANTHI BHUSHAN, DSGI FOR R1.
SRI. SIDHARTH BABURAO, AGA FOR R2 TO R5.
R6 SERVED - UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION PRAYING TO DECLARE THAT
THE CONSTITUTION (97TH AMENDMENT) ACT, 2011
INSERTING PART IXB PRODUCED AS ANNEXURE-A IS ULTRA
VIRES, UNCONSTITUTIONAL AND OFFENDING THE BASIC
STRUCTURE OF THE CONSTITUTION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Senior Counsel Sri M.R.Rajagopal, appearing for the petitioners submits that the challenge raised to the amendment brought to the Constitution of India by inserting part IX B is no more res integra, since the Hon'ble Supreme Court has decided the issue. Therefore, -4- NC: 2023:KHC:30124 WP No. 36846 of 2016 the learned Senior Counsel would submit that writ petition may be disposed of.
2. Accordingly, the writ petition stands disposed of.
Sd/-
JUDGE KLY CT: JL