In a PIL challenging refusal to shift a liquor outlet to Chelur town, the High Court dismissed the petition finding no public interest and no legal right for petitioners to compel the State or the licensee to set up an outlet.
The writ petition is rejected for lack of public interest and legal right.
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 AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2020
PRESENT
THE HON’BLE MR. ABHAY S.OKA, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO.13190 / 2020 (EXCISE-PIL)
BETWEEN:
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AND:
(By Smt.Vani.H, Advocate for R-1 to R3 and R5)
This Writ Petition is filed under Articles 226 & 227 of the Constitution Of India, praying to quash the endorsement dated 07.12.2019 issued by the R-5 marked at Annexure-J respectively, etc.,
This Petition coming on for Preliminary Hearing this day, through Video Conferencing, Chief Justice made the following:
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O R D E R
The facts stated in the petition disclose a complete absence of even an element of public interest in this public interest litigation. The petitioners are residents of Chelur town, Chikballapur district. The Mysore Sales International Limited (for short ‘MSIL’) was earlier granted a CL 11-C licence at a place in Chelur town. Thereafter, the said licenced shop was shifted to another town. The substantive prayer in the writ petition is for issuing a writ of mandamus directing the State of Karnataka to again shift the said liquor outlet of MSIL to Chelur town.
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this petition and the same is accordingly rejected.
Sd/CHIEF JUSTICE
Sd/JUDGE
KNM/-
2 issues framed by the court
Whether petitioners have locus standi to direct State to shift a liquor outlet to their town.
Whether mandate exists to compel MSIL to shift licensed shop to Chelur town.
1 provisions across 1 enactments
B.A.Jaganathaiah Shetty and others
State of Karnataka and others
Abhay S. Oka
S. Vishvajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
