In the High Court of Karnataka at Bengaluru

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF JANUARY, 2016 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NO.57322 OF 2015 (KLR) Between: N.S.L. Sugars (Tungabhadra) Limited, (Formerly Sirguppa Sugars & Chemicals Ltd) No.60/1, 2 nd Cross, Residency Road, Bangalore – 560 025. Represented by its Director, K. Ramachandra Rao. … Petitioner (By Smt. Vaishali Hegde, Adv.) And: 1. The Deputy Commissioner, Chikkaballapur District , Chikkaballapur – 562 101. 2. The Assistant Commissioner, Chikkaballapur District , Chikkaballapur – 562 101. 3. The Tahsildar, Gauribidanur Taluk, Chikkaballapur District – 562 101. … Respondents 2 (By Shri. H.Venkatesh Dodderi, AGA for R1- R3) --- This Writ Petition is filed under Article 226 of the Constitution of India praying to direct the R-1 and 3 to consider the representations dated.01.08.2011, 05.02.2013 & 01.12.2015 vide Annexure - G, H & K filed by the petitioner and take appropriate action expeditiously and within a time bound manner, to enter the name of the petitioner in the Revenue Records and in Column No.9 & 12 of the RTC pertaining to Bearing Sy. No. 59, Measuring 4 Acres 23 Guntas, situated at Alakapura Village, Tondebavi Hobli, Gauribidanur Taluk, Chikkaballapur District, by carrying out the necessary corrections. This Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:- O R D E R Heard the learned counsel for the petitioner as well as the learned Government Pleader. 2. The petition coming on for preliminary hearing in ‘B’ group, is considered for final disposal in the following background. 3. It is the case of the petitioner that petitioner company which was earlier known as Sirguppa Sugars and 3 Chemicals Limited, was taken over by the petitioner. The Government had accorded sanction for 145 acres 13 guntas of land in Veeragollahalli village and 4 acres 23 guntas in Alakapura village in favour of M/s Gouribidanur Sahakari Sakkare Kharkhane (GSSK, for brevity). Thereafter the Amaldar of Gouribidanur Taluk issued grant certificate dated 16.05.1964 to the said GSSK. The said sugar factory was put in possession of the entire extent of lands that had been granted in its favour. The said GSSK sustained heavy losses and a liquidator came to be appointed in respect of the said management under the Karnataka Cooperative Societies Act. In order to realize the assets of the said GSSK and to repay the dues, he had invited tenders to bring the assets of the said company to sale and the predecessor of the petitioner M/s Sirguppa Sugars and Chemicals Ltd., which had become a sick industry was closed and there were certain arrears due to be paid to the sugar cane growers and a recovery certificate had been 4 issued, pursuant to which the Deputy Commissioner had taken possession of the SSCL in the year 2008. Thereafter the said company had made payments towards cane arrears. Subsequently there was a dispute between the State Government and the Liquidator relating to settlement of the last installment of the sale consideration, there were several writ petitions and on disposal of those writ petitions the State Government was directed to hand over the keys of the defunct sugar factory (GSSK) to the petitioner herein. The State Government and the Liquidator however had challenged the orders passed by the learned Single Judge in Writ Appeals. In any event the petitioner however had by this process of transfer of the assets of the sugar factories was put in possession of several items of land, the katha in respect of those lands was not transferred. Hence the petitioner had approached this court by way of a Writ Petition in WP No.57011/2014 which was disposed of by order dated 28.07.2014 directing the respondents to effect 5 change of katha in favour of the petitioner. However, in the process the petitioner had over looked one particular item of land, bearing Sy.No.59 of Alakapura village, Gauribidanur Taluk, Chikkaballapur district and it is on realization of such inadvertent error that the present petition is filed seeking that the respondents be directed to change katha in respect of the said item of land, as well. The petitioner having made a representation in this regard, the same is said to be pending consideration though it was filed as early as in the year 2011 and inspite of several representations no action has been taken. Therefore, the petition is summarily allowed. The respondents are directed to consider the validity of the claim of the petitioner, if the petitioner is entitled to the same, in any event within a period of eight weeks, if not earlier from the date of receipt of a copy of this order. Sd/- JUDGE ykl .

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