Priv. respondent submitted petitioners represent public at large. Court held petition not maintainable as objections were on public interest. Writ disposed of; liberty given to file PIL. Interim order extended for ten days.
Liberty granted to file Public Interest Litigation (PIL). Interim order extended for ten days.
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 10th DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.1599/2022 (EXCISE)
BETWEEN:
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ALL ARE RESIDING AT HUNASENAHALLI VILLAGE MELYA PANCHAYATH NAGARAGERE HOLI GOURIBIDNUR TALUK CHIKKABALLAPUR-561 208.
...PETITIONERS
(BY SRI SHASHIKIRAN SHETTY, SENIOR COUNSEL FOR SRI SOMASEKHARA K.H., ADVOCATE)
AND:
…RESPONDENTS
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(BY SMT. JYOTHI BHAT, HCGP FOR R1 TO R3, SRI G.K. BHAT, SENIOR COUNSEL FOR SMT. SUDHA D., ADVOCATE FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17.1.2022, PASSED BY THE R-2, DEPUTY COMMISSIONER EXCISE, CHIKKABALLAPUR DISTRICT ORDERING TO SHIFT CL-2 LICENSE OF THE R-4 FROM NO.142/1 BB ROAD, VAPSANDRA CHIKKABALLAPUR TO SY.NO.5/1, HUNSENAHALLI VILLAGE MELYA GRAM PANCHAYAT, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT, VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard Sri Shashikiran Shetty, learned Senior Counsel for Sri Somasekhara K.H, learned counsel for the petitioners, Smt. Jyothi Bhat, learned High Court Government Pleader for respondents No.1 to 3 and Sri G.K. Bhat, learned Senior Counsel for Smt. Sudha D., learned counsel for respondent No.4.
the private respondent submits that the petitioners are espousing the cause of public at large and not in the private interest and as such, the present writ petition is not maintainable.
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objections are filed on behalf of public at large. Hence, the present writ petition is not maintainable and same is disposed of reserving liberty to the petitioners to file a public interest litigation in accordance with law.
The interim order granted earlier is extended for a period of ten days from today.
All contentions are kept open.
The application for renewal to be submitted by the private respondent shall be considered by the Authority concerned in accordance with law.
The Registry to return the certified copies of annexures produced in the writ petition to the learned counsel for the petitioners.
Sd/JUDGE
bkm
1 issue framed by the court
Whether writ petition filed by public at large without private locus standi is maintainable.
SRI RAMANJINAPPA S/O SRI GANGAPPA
THE STATE OF KARNataka
G. SHIVKUMAR
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
