Dismissed

M/S Balaji Enterprises v. the Commissioner of Excise

Karnataka HC17 Nov 2023WP/2040/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition filed to quash a memorandum calling for a report. The High Court Government Pleader submitted that the underlying proposal was rejected by an endorsement dated 28.02.2023. Consequently, the Court held the petition to be infructuous.

What did the court decide?

The petition was dismissed as infructuous in light of the rejection of the proposal by the fifth respondent.

M/S Balaji Enterprises Vs the Commissioner of Excise — Company and Corporate | Karnataka HC (2023)

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NC: 2023:KHC:41169 WP No. 2040 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 2040 OF 2023 (EXCISE)

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BETWEEN:

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M/S BALAJI ENTERPRISES CHAKRATHEERTHA WINES KHATHA NO 1066 P NO 1-P BHARAMASAGARA VILLAGE CHITRADURGA DISTRICT 577519 REP BY ITS PARTNER SMT SHARAVATHI. (REGISTERED UNDER INDIAN PARTNERSHIP ACT, 1932)

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…PETITIONER

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(BY SRI. RAJASHEKAR S.,ADVOCATE)

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AND:

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER OF EXCISE GOVERNMENT OF KARNATAKA 2^ND FLOOR, TTMC BUILDING A BLOCK, SHANTHINAGAR BENGALURU 560027.

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THE DEPUTY COMMISSIONER OF EXCISE CHITRADURGA DISTRICT CHITRADURGA 577501.

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THE DEPUTY SUPERINTENDENT OF EXCISE CHITRADURGA SUB DIVISION CHITRADURGA 577501.

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THE SUPERINTENDENT OF EXCISE CHITRADURGA RANGE CHITRADURGA 577501.

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NC: 2023:KHC:41169 WP No. 2040 of 2023

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MYSORE SALES INTERNATIONAL LIMITED 36, CUNNINGHAM ROAD VASANTH NAGAR BENGALURU 560052 REP BY ITS MANAGING DIRECTOR.

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…RESPONDENTS

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(BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R4; SRI. B.S. GOUTHAM, ADVOCATE FOR R5)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED MEMORANDUM DATED 28.12.2022 BEARING NO.EXE/DC/CTA/MSIL/56/2020-21/583 ADDRESSED BY THE R2 TO THE R3 AND 4 VIDE ANNEXURE-A; DIRECT THE R2 TO 4 TO CONSIDER THE REPRESENTATION DATED 20.01.2023 SUBMITTED BY THE PETITIONER VIDE ANNEXURE-B AND ALSO DIRECT THEM TO TAKE ACTION PURSUANT IN ACCORDANCE WITH LAW.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is aggrieved by the memorandum

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dated 28.12.2022 [Annexure-A] issued by the second respondent calling for a report from the jurisdictional

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Excise Inspector on the fifth respondent ‘s request for shifting of the premises.

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Sri Shamanth Naik, the learned High Court Government Pleader for the first to fourth

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NC: 2023:KHC:41169 WP No. 2040 of 2023

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respondents, submits that on 28.02.2023 an endorsement is issued to the fifth respondent informing that the proposal is rejected.

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In the light of this endorsement, the petition must be disposed of as having become infructuous and insofar as the fifth respondent, if aggrieved, must pursue remedy in the manner known to law. It is ordered accordingly.

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SD/JUDGE

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SA ct:sr

M/S Balaji Enterprises v. the Commissioner of Excise

Case brief

What is this about?

What did the court decide?

M/S Balaji Enterprises v. the Commissioner of Excise

Case brief

What is this about?

What did the court decide?

What the court decided

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