I IN ThE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE I6” DAY OF DECEMBER, 2011 THE HON’BLE MR JUSTICE KLMANJUNATH AND THE HON’BLE MR. JUSTICE KGO\’INDARAJUU W&Q6353-6355J2OI BETWEEN: ADRISFIAGOUDA R PATIL, AGE: 48 YEARS, 0CC: AGRICULTURE, R/O: KADROLLI. TQ: BAILHONGAL. DIST: BELGAUM. 2. SRIKANT V HIREMATH, AGE: 57 YEARS, 0CC: AGRICULTURE, R/O: ITAGI, TQ: KHANAPUR, DIST: BELGAUM. 3. NAGENDRAPPA C GANACHARI. AGE: 71 YEARS, 0CC: AGRICULTURE, R/O: M K HUBLI, TQ: BAILHONGAL, DIST: BELGAUM. APPELLANTS (B Sri K ANANDKU MAR, ADV) AND THE STATE OF KARNATAKA, REFFD BY ITS SECRETARY, DEPARTMEM OF CO OPERA1I U, M S BUll D1G BENGALURU. 2 STATE: KARNATAKA 2. THE COMMISSIONER FOR CANE DEVELOPMENT AND DIRECTOR OF SUGAR, KAVERI BHAVAN, BANGALORE. 3. THE ENQUIRY OFFICER, SHRI. VEERA3HADRA SWAMY, MANAGING DIRECTOR, NANDHI SAHAKARI SAKKARE KARKHANE CO., LTD., KRISHNA NAGAR, BIJAPUR, DIST: BIJAPUR, 4. THE MANAGING DIRECTOR, MSSKN, M.K. HUBLI, TQ: I3AILHONGAL, DIST: BELGAUM, STATE:KARNATAKA RESPONDENT(S) (BY SRLMAHESH WODEYAR AGA) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE JUDGMENT DATED 13 09 2011 PASSED BY THE LEARNED SINuLE JUIXIE IN WRIP PETITION.NO.65190192/2O1 I AND CONSEQUENTLY BE PLEASE TO ALLOW THE APPELLANTS WRIT PETITION rHIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, K 14 MANJUNATH, I, DELIVURED TIH FOLLOWING 3 JUDGMENT The legality and correctness of the order passed by the learned Single Judge in writ petition No.65190-192/2011 dated 13/9/2011 is called in question in this appeal. 2. The appellants are the Directors of the 4Ui respondent-Sugar Factory. The Commissioner for Cane Development and Director of Sugar appointed an Enquiry Officer to enquire into certain acts of misconduct by the managing committee administering the factory. The order of enquiry was questioned by some other Directors in W No.67173-176/2010 and WP No.68969-74/2010. The aforesaid said writ petitions were rejected on 3/3/2011 granting liberty to them to give their explanations within 3 weeks there from before the Commissioner for Cane Development and Director of Sugar. Order passed by the learned Single Judge in the aforesaid writ petitions were taken up in appeal in WA No.607988/2011. Division bench of this Court confirmed the order passed by the learned Single Judge dismissing the appeal on 3/6/2011. Again the appellant herein filed a writ petition. Learned Single 4 a. Judge while hearing the matter learnt that the present appellants were also members of the Management committee of Shri Malaprabha Co-operative Sugar Factory at M . K.Hubli, for the year 2005 to 2010. However, though contended that they have been newly elected for the first time in the year 2010. 3. In the circumstances, the learned Single Judge having come to the conclusion that the appellant herein have misrepresented the fact, has dismissed the petition with a cost of Rs. 10,000/-. This order is called in question in this appeal. 4. Having heard the learned counsel for the parties, we are not in a position to take different view than the one taken by the learned Single Judge because parties are not entitled to seek the relief under Articles 226 and 227 of the Constitution of India, when they are not approaching the Court with clean hands, that too when they misrepresented the facts. Pr- q WA aDafif /PS pssiwsip ur sddi Juipoc sri UI SiiJ)W AUP J)S jOU op M S )UflSWflOJj UJ