IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER 2011 PRESENT THE HON’BLE MR.JUSTICE K.L.MANJUNATH AND THE HON’BLE MR.JUSTICE K. GOVINDARAJULU Writ Appeal No.6388/2009 (GM-RES) BETWEEN: Hospet Raithara Sangha, By its Secretary, ISR Road, Hospet, Bellary District. .APPELLANT (By Sri.V.P.Kulkarni, Advocate.) AND: 1. India Sugars & Refiners Ltd., Having its registered office at Chitwadgi-5832 11, Hospet, Dist.: Bellary, Reptd. by its Manager, P.R. & D.Sri.S.Shivakumar, S/o.Veeranna A/A 49 years, 2. The Secretary to Government, Commerce & Industries Dept., Government of Karnataka, 1st Floor, Vikasa Soudha, Ban galore-i, 3. The Commissioner for Cane Development & Director of Sugar In Karnataka, No.32, 6th Floor, Chowgule House, Cresent Road, Bangalore-1, 4. The Deputy Commissioner, Bellary District, Bellary- 583 10 1. 5. The Superintendent of Police, Bellary District, Bellary-583 101. 6. The Dy. Superintendent of Police, Hospet Sub-Division, Hospet-58320 1. 7. The Assistant Commissioner, Hospet Sub-Division, Hospet-58320 1. 8. Sadashiva Sugars Ltd., N.H.13, 7” KM from alamatti, Post Nagaral, Nainegali, Tq. & Dist.: Bagalkot, 9. The Managing Director, M/s.Siruguppa Sugars & Chemicals Ltd., Desanur-583 140, District Bellary. 10. The Managing Director, M/s.Shamanur Sugars Ltd., Duggavathi Village, Harapanahalli Taluk, Davanagere District. 11. B.Shankrappa S/o.Kalappa, Aged about 61 years, 0cc.: Agriculturist, R/o.Kamalapur village, Hospet Taluk, Bellary District, 12. Kumarappa S/o.K.Beerappa, Aged about 60 years, 0cc.: Agriculturist, R/ o. Malapanagudi, Hospet Taluk, Bellary District-583201. 13. N.Gnanadev S/o.Hanumantappa, Aged about 40 years, 0cc.: Agriculturist, R/o.Malapanagudi village, Hospet Taluk, Bellary District-583201. .RESPONDENTS (By Sri.H.N.Shashidhar, Adv. for C/Ri. Sri.Dayanand Bhandi, Advocate.) (Sri.C.S.Patil, Additional Government Advocate, for R2-R7). (R8 to R12-served. R13-Service held sufficient.) This writ appeal is filed under Section 4 of the Karnataka High Court Act, praying to set aside the order of the learned Single Judge passed in W.P.No.31532/2008 dated 9/9/2009 and dismiss the writ petition. This Appeal coming on for final hearing this day, K.L.Manjunath, J, delivered the following judgment: JUDGMENT The appellant who was respondent No.7 in W.P.No.31532/2008 has preferred this appeal being aggrieved by the certain observations made by the learned single Judge against him. 4 2. The 1t respondent sugar factory filed the writ petition to issue a writ of mandamus to the respondents No.2 to 7 to restrain them from illegal transportation of the sugarcane from the reserved area of the 1st respondent factory, as notified by the Deputy Commissioner and Director of Sugar Control. The writ petition has been disposed of by the learned single Judge by issuing certain directions to the Deputy Commissioner Bellary, regarding how to implement certain provisions of Sugarcane Control Order, 1966. 3. The allegation of the appellant before us is that the learned single Judge has made certain observations, which goes against the aims and objects of the appellant association. Therefore, he requests the Court to allow the appeal and expunge the observations made therein. But having read the entire order of the learned single Judge, we are of the opinion that no observation affecting the aims and objects of the appellant association is made by him. Therefore, we do not see any merit in the appeal. Accordingly, the appeal is dismissed. 4. In view of the dismissal of the appeal, Misc.W.No.60044/2010 for stay is rejected. Sd! JUDGE Mrk/- Sd/ JUDGE