Writ petition filed under Articles 226 and 227 to quash an order shifting a liquor outlet within the same village. Court dismissed the petition finding no merit in challenging the shift as it was a valid exercise of power. Petitioners not against vending but against shift.
Petition to quash order and for directions dismissed.
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 21ST DAY OF JANUARY, 2021
PRESENT
THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA
AND
THE HON’BLE MRS.JUSTICE M.G.UMA
WRIT PETITION NO. 9634 OF 2020 (EXCISE-PIL)
BETWEEN:
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18. DRAKSHAYANI WIFE OF D.PUTTAPPA AGED ABOUT 35 YEARS
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... PETITIONERS
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AND:
CHITRADURGA-577 501.
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... RESPONDENTS
(BY SMT:VANI H., AGA FOR R1-R5; (PH) SRI: M.V.VEDAMURTHY, ADV FOR R6; (VC) SRI: H.VENKATESH DODDERI, ADV FOR R7 R8 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 PRAYING TO QUASH THE ORDER DATED 07/07/2020 VIDE ANNEXURE-F PASSED BY RESPONDENT NO.4 AUTHORITY HOLDING THE SAME AS ILLEGAL AND WITHOUT APPLICATION OF MIND, DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATIONS DATED 30/07/2020 VIDE ANNEXURES-G1 TO G5 FOR CANCELLING THE ORDER DATED 07/07/2020 PASSED BY RESPONDENT NO.4 AUTHORITY AND TO TAKE APPROPRIATE STEPS TO SHIFT THE LIQUOR SHOP TO A SUITABLE PREMISES AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, NAGARATHNA, J., DELIVERED THE FOLLOWING:
O R D E R
The petitioners have questioned the order dated 07/07/2020 bearing No.EXE/IML/HiVa/CL-11(C)/75/202021 (Annexure-F), passed by respondent No.4 - authority and they have sought direction to the respondentsauthorities to consider their representations dated 30/07/2020 vide Annexures-G1 to G5 for recalling or
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revoking the order dated 07/07/2020. By said order dated 07/07/2020, respondent No.4 in exercise of the power under Rule 23 of the Karnataka Excise License (General Conditions) Rules, 1967 (hereinafter referred to as “the Rules” for the sake of brevity) has directed respondent No.6 - MSIL holder of CL-11(C) license to shift the liquor outlet from Khata No.49 of Kodihalli Village to Khata No.384/29 which is owned by one Basavaraju of the said village.
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conversion of the land from agricultural to non agricultural use, the activity of vending of liquor in the Khata bearing No.384/29 of Kodihalli village shall be taken and till then, there shall be no vending of liquor in the said area. In fact, the affidavit have also been filed by the Managing Director of respondent No.6, which we have perused.
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way of public interest litigation. We really do not understand as to the real intention of the petitioners in questioning the shifting of liquor outlet from one place to another in the same village. We do not find any merit in the writ petition.
Hence, the petition is dismissed.
In view of the dismissal of the petition, production of certified copy of Annexure-F is dispensed with. IA.1 of 2020 stands disposed.
Sd/JUDGE
Sd/JUDGE
*bgn/-
3 issues framed by the court
Whether the court can interfere with the excise authority's exercise of power under Rule 23 to shift a liquor outlet within the same village.
Whether the petitioners challenging the shift on PIL grounds have any merit.
Whether the order of the Deputy Commissioner of Excise quashing the previous license and directing shift is illegal and without application of mind.
1 provisions across 1 enactments
Hanumanthappa and others
State of Karnataka
The Excise Commissioner in Karnataka
The Deputy Commissioner Chitradurga District
The Deputy Commissioner of Excise Chitradurga District
Mysore Sales International Limited
B.V. Nagarathna
M.G. Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
