Disposed

M. Nanjunda Swamy v. the State of Karnataka

Karnataka HC1 Jun 2018WP/47357/2017

Case brief

AI extract

What is this about?

Chief Justice disposed of two PILs concerning the shifting of liquor shop locations in Kodagu and Mysore districts. The court determined that since relevant subsequent events and Supreme Court orders had occurred, no reason existed to continue the petitions.

What did the court decide?

The writ petitions stood disposed of subject to the observation that future related issues remain open.

M. Nanjunda Swamy Vs the State of Karnataka — Public Procurement and Tenders | Karnataka HC (2018)

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W.P.No.47357/2017 & W.P.No.47769/2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF JUNE, 2018

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PRESENT

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HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE

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AND

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HON’BLE MR.JUSTICE KRISHNA S DIXIT

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WRIT PETITION NO.47357 OF 2017 (EXCISE) PIL & WRIT PETITION NO.47769 OF 2017 (EXCISE) PIL

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IN W.P.NO.47357/2017

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BETWEEN

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M. NANJUNDA SWAMY S/O M.S. MOGANNA AGED ABOUT 41 YEARS H.NO.LIG 8 KHB COLONY BEHIND INSPECTION BUNGALOW KUSHALNAGAR SOMAWARPET TALUK KODAGU DISTRICT-571 234.

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... PETITIONER

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(BY SRI G.K. BHAT, ADVOCATE)

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AND

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THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT VIDHANA SOUDHA BANGALORE-560001

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W.P.No.47357/2017 & W.P.No.47769/2017

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THE EXCISE COMMISSIONER IN KARNATAKA 2^ND FLOOR, TTMC BUILDING ’A’ BLOCK, BMTC DEPOT COMPLEX SHANTHINAGAR BANGALORE-560027

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THE DEPUTY COMMISSIONER KODAGU DISTRICT MADIKERI-571234

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THE DEPUTY COMMISSIONER OF EXCISE KODAGU DISTRICT MADIKERI-571234

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... RESPONDENTS

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(BY SRI D. NAGARAJ, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASH THE NOTIFICATION VIDE ANNEXURE-C DTD.27.6.2017 ISSUED BY THE R-1 IN SO FAR AS IT RELATES TO THE PERMITTING OF SHIFTING OF LIQUOR SHOPS OF ANY KIND IN KUSHALNAGAR HOBLI OF SOMAWARPET TALUK OF KODAGU DISTRICT AND ETC.,

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IN W.P.NO.47769/2017

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BETWEEN

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MURALI K.D. AGED MAJOR S/O DHARMARAJU R/O 301, II BLOCK, KOPPA VILLAGE AND POST, KOPPA, PERIYAPATNA TALUK, MYSORE DISTRICT - 571 104.

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... PETITIONER

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(BY SRI G.K. BHAT, ADVOCATE)

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W.P.No.47357/2017 & W.P.No.47769/2017

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AND

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THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, FINANCE AND EXCISE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.

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THE EXCISE COMMISSIONER IN KARNATAKA 2^ND FLOOR, TTMC, "A" BLOCK, BMTC BUILDING, SHANTINAGAR BENGALURU - 560 027.

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THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU – 570 024.

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THE DEPUTY COMMISSIONER OF EXCISE MYSURU DISTRICT. MYSURU – 570 024.

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... RESPONDENTS

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(BY SRI D. NAGARAJ, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASH THE NOTIFICATION AS PER ANNEXURE-C DTD:27.6.2017 ISSUED BY THE R-1 IN SO FAR AS IT RELATES TO THE PERMITTING OF SHIFTING OF LIQUOR SHOPS OF ANY KIND OF PERIYAPATNA TALUK OF MYSURU DISTRICT AND ETC.,

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE , MADE THE FOLLOWING:

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W.P.No.47357/2017 & W.P.No.47769/2017

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ORDER

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In these two petitions, filed as public interest litigation (PIL), the petitioners seek to raise questions on the process adopted by the respondents for shifting of the location of liquor vending shops pursuant to the directions of the Hon’ble Supreme Court.

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In view of the admitted position that since after filing of these petitions, relevant subsequent events have taken place and subsequent orders have been passed by the Hon’ble Supreme Court, we do not find any reason to continue with these petitions at this stage.

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However, having regard to the circumstances, it is considered appropriate and hence, observed that if any other aspect related with the issues indicated in these petitions arise in future, the same shall remain open to be examined in appropriate proceedings.

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W.P.No.47357/2017 & W.P.No.47769/2017

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Subject to the observations foregoing, these petitions

stand disposed of.

Sd/CHIEF JUSTICE

Sd/JUDGE

M. Nanjunda Swamy v. the State of Karnataka

Case brief

What is this about?

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M. Nanjunda Swamy v. the State of Karnataka

Case brief

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What did the court decide?

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