Disposed

Rait Sena Karnataka v. the State of Karnataka

Karnataka HC18 Aug 2021WP/8984/2021

Case brief

AI extract

What is this about?

This PIL challenged an order directing the shifting of a liquor shop on grounds of law and order. The court dismissed the petition after the respondent licensee obtained permission to shift the shop within three months.

What did the court decide?

No further order required; writ petition dismissed as respondent licensee obtained permission to shift the liquor shop within three months.

Rait Sena Karnataka Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2021)

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W.P.8984/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF AUGUST, 2021

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PRESENT

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THE HON’BLE MR.JUSTICE SATISH CHANDRA SHARMA

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AND

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THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION No.8984/2021 (EXCISE-PIL)

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BETWEEN:

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RAIT SENA KARNATAKA, REP. BY ITS PRESIDENT, SRI. VEERESH SOBARADMATH, S/O. CHANDRASHEKHARAYYA, AGED ABOUT 42 YEARS, OFFICE SITUATED AT TIRLAPUR VILLAGE, NAVALAGUND TALUK,

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DHARWAD DISTRICT 582 208. … PETITIONER

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(BY SRI RUDRAPPA.P., ADV.)

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AND:

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THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, EXCISE DEPARTMENT, M.S. BUILDING, BENGALURU 560 001.

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THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD 580 007.

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THE DEPUTY COMMISSIONER, EXCISE DEPARTMENT, NAVANAGAR, DHARWAD 580 025.

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W.P.8984/2021

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THE PANCHAYATH DEVELOPMENT OFFICER, TIRLAPUR VILLAGE PANCHAYATH, NAVALAGUND TALUK, DHARWAD DISTRICT 582 208.

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ASHOK BAR AND RESTAURANT, REP. BY ITS PROPRIETOR / CL -9 LICENSE HOLDER, K.B. HARLAPUR, S/O BUDNESAB, RESTAURANT SITUATED AT TIRLAPUR VILLAGE, NAVALAGUND TALUK, DHARWAD DISTRICT 582208. … RESPONDENTS

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(BY SRI M.U.POONACHAAGA FOR R1 TO R3; SRI MOHAN BHAT, ADV. FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.3 AS PER ITS ORDER BEARING NO.EX34TBKBHARLAPURES2021031715, DATED 22.03.2021 VIDE ANNEXURE-G AND ETC.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, SATISH CHANDRA SHARMA J., MADE THE FOLLOWING:

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O R D E R

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The present Public Interest Litigation has been filed

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by Rait Sena Karnataka through its President, being aggrieved by the order dated 22^nd March 2021 directing for shifting of a liquor shop. It has been stated that the liquor shop is disturbing the public residing in the vicinity of the proposed liquor shop and if the liquor shop is established, it is going to create law and order problem and various other grounds have been raised in the writ

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W.P.8984/2021

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petition. However, during the pendency of the present writ petition, the respondent No.5 himself submitted an application for shifting of the liquor shop to some other place and has requested for grant of three months to do the needful. On his application, an order was passed on 12.08.2021 permitting him to shift the liquor shop within three months to some other place.

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In the light of the aforesaid fact and also keeping in view the endorsement brought on record dated 12.08.2021, no further order is required to be passed in the matter. The Excise Department shall ensure that the above exercise is carried out as per the endorsement dated 12.08.2021 and make all possible steps to ensure that the shop does not function at the present place.

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The writ petition stands disposed of accordingly.

Sd/-

JUDGE

Sd/JUDGE

KNM/-

Rait Sena Karnataka v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Rait Sena Karnataka v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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