Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF DECEMBER, 2024 PRESENT THE HON'BLE MR JUSTICE H.T.NARENDRA PRASAD AND WRIT APPEAL NO. 100330 OF 2024 (GM-RES) BETWEEN: THE MANAGING DIRECTOR, THE HINDUSTAN PETROLEUM CORPORATION LTD, PETROLEUM HOUSE, NO.17, JAMSHEDJI TATA ROAD, MUMBAI, MAHARASHTRA, MUMBAI-400020, REP. BY ITS SR. REGIONAL MANAGER, SRI. VINAYKANTH ABBIGARI. …APPELLANT (BY SRI. C. V. ANGADI, ADVOCATE) AND:
1. M/S. THE UGAR SUGAR WORKS LTD,
A PUBLIC LIMITED COMPANY, REGISTERED UNDER THE COMPANY'S ACT, 1956, HAVING ITS REGISTERED OFFICE AT MAHAVEER NAGAR, VAKHARBAG, SANGLI-416416, MAHARASHTRA STATE, HAVING ITS FACTORY AT UGAR KHURD-591316. TQ. KAGVAD, BELAGAVI DISTRICT. REPRESENTED BY ITS, GPA HOLDER SRI. ANANT SHAMRAO SIDDANTI, S/O. SHAMRAO, AGED ABOUT 62 YEARS, GENERAL MANAGER, SUGAR CANE.
2. THE UNION OF INDIA REP. BY ITS JOINT SECRETARY, (FOOD AND PUBLIC DISTRIBUTION), -2- KRISHI BHAWAN, NEW DELHI-110001.
3. THE DIRECTOR (SUGAR), DIRECTORATE OF SUGAR AND VEGETABLE OILS, KRISHI BHAVAN, NEW DELHI-110001.
4. THE SECRETARY OF MINISTRY OF PETROLEUM AND NATURAL GASES, SHASTRI BHAVAN, DR. RAJENDRA PRASAD MARG, NEW DELHI-110001.
5. THE MANAGING DIRECTOR, THE INDIAN OIL CORPORATION LTD., INDIAN OIL BHAVAN, G-9, ALI YAVAR JUNG MARG, BANDRA EAST, MUMBAI, MAHARASHTRA-400051.
6. THE MANAGING DIRECTOR, BHARAT PETROLEUM CORPORATION LTD., BHARAT BHAVAN, NO.4 AND 6, CURRIMBHOY ROAD, BELLARD ESTATE, MUMBAI-400001, MAHARASHTRA STATE. …RESPONDENTS THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 25-04-2024 PASSED IN W.P. NO. PARA NO. (III) AND (IV) OF THE FINAL ORDERS IS CONCERNED, I.E., III) THE OMCS SHALL PROCURE THE ETHANOL ALREADY MANUFACTURED BY THE PETITIONERS FROM THE PETITIONERS WITHIN A PERIOD OF THREE WEEKS FROM TODAY, IV) SUCH OF THE PETITIONERS WHO HAVE A STOCK OF B HEAVY MOLASSES ARE PERMITTED TO MANUFACTURE ETHANOL FROM SUCH STOCK WHICH MANUFACTURING PROCESS IS TO BE COMPLETED WITHIN EIGHT WEEKS FROM NOW. ON SUCH MANUFACTURING BEING COMPLETE OR DURING THE PROCESS OF MANUFACTURE, OMCS ARE DIRECTED TO PROCURE THE ETHANOL MANUFACTURED FROM SUCH B HEAVY MOLASSES IN TERMS OF THE CONTRACT ALREADY ENTERED INTO BY THE OMCS WITH THE MANUFACTURERS, IN THE ENDS OF JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: -3- CORAM: THE HON'BLE MR JUSTICE H.T.NARENDRA PRASAD AND
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE H.T.NARENDRA PRASAD) Learned counsel for the appellant has filed a memo seeking leave of this Court to withdraw this appeal. Memo is taken on record. The appeal is dismissed as withdrawn. (H.T.NARENDRA PRASAD) (VENKATESH NAIK T) RSH/ct-an List No.: 1 Sl No.: 30