The Karnataka High Court disposed of a petition challenging the proposed grant of a liquor license to the fourth respondent. The court held that since no proposal exists currently, the petition cannot be maintained without interfering with future lawful applications.
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.
NC: 2023:KHC:40321 WP No. 21053 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 21053 OF 2023 (EXCISE)
BETWEEN:
SRI SURESH V S/O VENKATESH, AGED ABOUT 40 YEARS, R/AT NO. 27/1, 4TH CROSS, NEAR ANIKETHAN SCHOOL, LAGGERE BANGALORE - 560 058
…PETITIONER
(BY SRI. NAGARAJA S., ADVOCATE)
AND:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:40321 WP No. 21053 of 2023
R/AT NO. 126, 4TH CROSS, NAGASHETTIHALLI, BHADRAPPA LAYOUT, BANGALORE - 560094.
…RESPONDENTS
(BY SRI. ADITHYA BHAT., LEARNED ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE R-1 TO 3 FROM ISSUING THE LIQUOR LICENSE CL-7 IN FAVOUR OF THE RESPONDENT -4 OR HIS AGENTS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, who asserts is running a hotel business in the immediate vicinity of the property developed by the fourth respondent, has filed this petition for directions to the first to third respondents from issuing liquor licenses in favour of the fourth respondent or his agents. Sri. S. Nagaraja, learned counsel for the petitioner and Sri. Adithya Bhat, the learned Additional Government Advocate for the first
NC: 2023:KHC:40321 WP No. 21053 of 2023
to third respondents, are heard for the final disposal of the petition.
If Sri. S. Nagaraja submits that though the sale of the property in favour of the fourth respondent in auction is on the condition that the property must be used only for the purposes of auxiliary transport activities, there is a request by the fourth respondent for grant of liquor licenses, Sri. Adithya Bhat submits that his instructions are that as of today there is no such proposal. If there is no proposal, the petitioner, even if he could canvass otherwise, cannot maintain this petition.
Therefore, the petition must be disposed of without interference, and while disposing of the petition, this Court must observe that the statement made before this Court cannot be construed as restraining the respondents from considering an application in accordance with law if it is filed in future. The petition stands disposed of accordingly.
NC: 2023:KHC:40321 WP No. 21053 of 2023
It would be needless to observe that the petitioner will have his recourses in accordance with
law if an application as referred to above is considered favourably.
SD/JUDGE
RB
Sri Suresh V S/O Venkatesh
The State of Karnataka Excise Department
The Excise Commissioner
The Additional Excise Commissioner (Bud-1)
Sri K Ramachandra Raju
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
