Disposed

Sri Hyalada Channabasappa S/O Late Dharmappa v. the State of Karnataka

Karnataka HC25 Sept 2024WP/105415/2024

Case brief

AI extract

What is this about?

A public interest petition directed authorities to decide pending representations regarding the establishment of a liquor shop in a village, citing concerns over alcohol-related family harm, directing a decision within two months.

What did the court decide?

Direct authorities to consider pending representations and communicate the decision to the petitioner within two months.

Sri Hyalada Channabasappa S/O Late… — Public Procurement and Tenders | Karnataka HC (2024)

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NC: 2024:KHC:39858-DB WP No.105415 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2024 PRESENT

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THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE AND

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THE HON'BLE MR. JUSTICE K.V. ARAVIND WRIT PETITION NO.105415 OF 2024 (GM-RES-PIL)

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BETWEEN:

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Digitally signed by VASANTHAKUMARY B K

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Location: High Court of Karnataka

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SRI. HYALADA CHANNABASAPPA S/O LATE DHARMAPPA AGE. 50 YEARS OCC. AGRICULTURE R/O. MALAVI VILLAGE TAL. H.B. HALLI DIST. VIJAYANAGAR 560040 AADHAAR NO. 669557849209 MOB 9845113268.

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SRI. R. SURESH S/O KOTERESH AGED 43 YEARS OCC: AGRICULTURE R/O MALAVI VILLAGE, TAL: H.B. HALLI DIST. VIJAYNAGAR-560040 AADHAR No.626683743568 MOB:6362292073.

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SRI. O.M. NAGARAJ S/O O.M. CHANNAVEERAYYA AGE 55 YEARS OCC: AGRICULTURE R/O: #92, KURUSOR ONI HAREGONDANAHALLI AT POST MALAVI VILLAGE, TAL: H.B. HALLI DIST VIJAYNAGAR – 560040 AADHAR No.632178515011 MOB:9686805402.

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2 - NC: 2024:KHC:39858-DB WP No.105415 of 2024

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SRI. SOGI BHIMAPPA S/O FAKIRAPPA AGE 47 YEARS OCC: AGRICULTURE R/O: MALAVI VILLAGE TAL: H.B. HALLI DIST: VIJAYNAGAR-560040 VOTE I.D. No.YSH0416412 MOB:9611891605.

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…PETITIONERS

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(BY SRI. SRINAND A. PACHCHAPURE, ADV.,)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS PRL. SECRETARY DEPARTMENT OF FINANCE (EXCISE) VIDHAN SOUDHA BENGALURU 560001.

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THE EXCISE COMMISSIONER A BLOCK, 2^ND FLOOR, BMTC COMPLEX SHANTI NAGAR, BENGALURU-560001.

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THE DEPUTY COMMISSIONER VIJAYANAGAR DIST VIJAYANAGAR-583201.

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THE DEPUTY COMMISSIONER OF EXCISE VIJAYANAGAR DISTRICT VIJAYANAGAR-583201.

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THE DEPUTY SUPERINTENDENT OF EXCISE HOSAPETE SUB-DIVISION, HOSAPETE DIST: VIJAYANAGAR-583201.

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THE EXCISE INSPECTOR HAGARIBOMMANAHALLI RANGE HAGARIBOMMANAHALLI DIST: VIJAYANAGAR-583201.

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THE MYSORE SALES INTERNATIONAL LTD., REP. BY ITS MANAGING DIRECTOR

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3 - NC: 2024:KHC:39858-DB WP No.105415 of 2024

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CUNNINGHAM ROAD BENGALURU-560001.

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THE DISTRICT LIAISON OFFICER THE MYSORE SALES INTERNATIONAL LTD., VIJAYANAGAR-583201 DIST:VIJAYANAGAR.

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THE TAHASILDAR OFFICE OF TAHASILDAR HAGARIBOMANHALLI DIST: VIJAYANAGAR-560040.

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THE GRAM PANCHAYAT MALAVI, REP. BY ITS SECRETARY MALAVI VILLAGE, TAL: HAGRIBOMANHALLI DIST: VIJAYANAGAR – 560040.

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A WRIT OF MANDAMUS TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONERS DATED 16/09/2021, 22/09/2021, 14/07/2023, 20/07/2023, 04/07/2024 AND 05/07/2024 WHICH IS MARKED AT ANNEXURES-A,D,H,K,K1,S,S1,S2 AND S3 RESPECTIVELY & ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA and HON'BLE MR. JUSTICE K.V. ARAVIND

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NC: 2024:KHC:39858-DB WP No.105415 of 2024

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N.V. ANJARIA )

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By this filing public interest petition, the petitioners

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have prayed for direction to the respondents to decide their representations which are pending with the

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Authorities for the decision.

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The grievance in the representations are in respect of establishment of liquor shop in Malavi Village, Taluk Hagaribomanhalli, District Vijayanagar.

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Petitioners who are the villagers, have averred in paragraph 4 of the petition that some of the village people who were the only bread earners of the family, died in 2019 on account of consumption of alcohol. Petitioners have highlighted that in order to protect the health, to prevent the wastage of wealth and to look after the interests of family of the villagers, the liquor shop should

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not be permitted to be run and opened in the village. It was submitted that the members of the agriculture and

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5 - NC: 2024:KHC:39858-DB WP No.105415 of 2024

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labourer class waste their money in consuming liquor and that affects the well being and the welfare of the family members. It is, therefore, prayed that the respondentAuthorities may not be permitted to establish the liquor shops in Malavi Village.

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It is also stated that some notorious people from Nellukudari-2 came to Malavi Village, took signature of the villagers of the village and fraudulently represented about giving consent to open the liquor shop in the village. It is stated that the Deputy Commissioner of Vijayanagar issued license in respect of property No.187/A of Malavi Village to open the liquor shop which has the potent ill effects on the society and the inhabitants of the village.

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It is true that currency and consumption of liquor is a social menace and more often than not becomes threat to the fabric of the family and the members of the family find it difficult to handle the other members who waste their money and time in consuming the liquor. However,

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opening of liquor shop in the village etc. would, in ultimate analysis, depend upon the policy of the Authorities followed in that regard.

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About the grievance of the petitioners, they have already made representations to the Authorities not to permit the liquor shop. Since the representations are pending, the Authorities are directed to look into the representations and take an appropriate decision considering the grievance of the village people and communicate such decision to petitioner No.1 who shall receive the same on behalf of all the other petitioners, within two months from today.

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Petition is accordingly disposed of as not entertained subject to above observation.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(K.V. ARAVIND) JUDGE

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RV List No.: 1 Sl No.: 20

Sri Hyalada Channabasappa S/O Late Dharmappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Hyalada Channabasappa S/O Late Dharmappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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