The High Court of Karnataka disposed of writ petitions filed by liquor vendors seeking mandamus to compel issuance of Clause-2 and Clause-9 licenses. The court held that no writ could be issued while a government ban remained in effect. The court directed the petitioners to file representations once the ban is lifted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 19TH DAY OF SEPTEMBER 2013
BEFORE
THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS
WRIT PETITION No. 80563/2013 &
WRIT PETITION Nos. 82883-82885/2013 (EXCISE)
BETWEEN :
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C/O. M/S. Sri VIJAY ENTERPRISES CHIKKODI, DIST. BELGAUM.
(BY Sri. A S PATIL, ADV.)
AND :
(BY Sri. A G MALDAR, HCGP)
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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DIRECT THE RESPONDENT Nos. 2 AND 3 TO GRANT THE LICENSES FOR VENDING LIQUOR AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING:
O R D E R
Sri. A.G. Maldar, learned Government Pleader is directed to
take notice for respondents.
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is a ban by the Government for issue of Clause-2 and Cluase-9 license. Admittedly the ban is not yet lifted by the Government. In the circumstances no writ of mandamus can be issued as prayed for by the petitioners. However in the event of the respondent Government lifting the ban it is open for the petitioners to make a representation and in that even the respondents to consider the same in accordance with law. Accordingly, the writ petitions are hereby disposed off.
appearance within three weeks.
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Lrs.
2 issues framed by the court
Whether a writ of mandamus can be issued directing the respondents to grant liquor licenses in view of a government ban.
Whether the petitioners are entitled to a license given the existence of an ongoing administrative ban on Clause-2 and Clause-9 licenses.
1 provisions across 1 enactments
M/s. Vishal Bar, Chikkodi Rep. by Sri. Khaleel
M/s. Ganesh Bar, Chikkodi Rep. by Sri. Manohar
M/s. Sri Vijay Enterprises Rep. by Sri. Yarriswamygouda
Sri. Yarriswamygouda S/o. Ramachandravad
The State of Karnataka Rep. by Principal Secretary
The Commissioner of Excise Ranichennamma Circle
H.N. Nagamohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
