Disposed

Sri Murali Mohan v. State of Karnataka

Karnataka HC29 Aug 2024WP/19949/2024

Case brief

AI extract

What is this about?

This is an oral order disposing of two connected writ petitions regarding the grant of a Class-7 liquor license. The court directed the Excise Commissioner to consider the applicant's representation and afford the objectionor an opportunity to be heard, deciding the matter within six weeks.

What did the court decide?

Directing the respondent authorities to consider the application for CL-7 license and afford the objectionor an opportunity to be heard, deciding the matter within six weeks.

Sri Murali Mohan Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:35029 WP No. 19949 of 2024 C/W WP No. 21897 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 29^TH DAY OF AUGUST, 2024

¶5

BEFORE

¶6

THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 19949 OF 2024 (EXCISE)

¶7

C/W

¶8

WRIT PETITION NO. 21897 OF 2024 (EXCISE)

¶9

IN W.P.NO.19949/2024

¶10

BETWEEN:

¶11

SRI MURALI MOHAN, S/O LATE SRIRAMAPPA, AGED ABOUT 48 YEARS, R/AT GANDHODAHALLI VILLAGE, N G HULKUR PANCHAYAT, KYASAMBALLI HOBLI, KGF TALUK, KOLAR DISTRICT - 563 116.

¶12

…PETITIONER

¶13

Digitally signed by MAHALAKSHMI B M (BY SRI.JAYAKUMAR S. PATIL., SENIOR COUNSEL FOR Location: HIGH SRI. ANANDA B V.,ADVOCATE) COURT OF KARNATAKA

¶14

AND:

¶15

STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.

¶16

THE EXCISE COMMISSIONER, 2ND FLOOR, TIMAC, A BLOCK,

¶17

2 - NC: 2024:KHC:35029 WP No. 19949 of 2024 C/W WP No. 21897 of 2024

¶18

BMTC BUILDING, SHANTINAGAR, BENGALURU - 560 027.

¶19

THE DEPUTY COMMISSIONER OF EXCISE, KOLAR DISTRICT, KOLAR - 563 101.

¶20

THE INSPECTOR, DEPARTMENT OF EXCISE, BANGARPETE RANGE, BANGARPETE, BANGARPETE TALUK, KOLAR DISTRICT - 563 114.

¶21

THE THASHILDAR, K.G.F TALUK, K.G.F. KOLAR DISTRICT - 563 120.

¶22

THE PANCHAYATH DEVELOPMENT OFFICER, N G HULKURU PANCHAYAT, N G HULKURU VILLAGE, K.G.F TALUK, KOLAR DISTRICT - 563 116.

¶23

M/S ANR BAR AND RESTAURANT, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT V P KATHA NO 128, PANTHANAHALLI VILLAGE, N G HULKURU GRAMA PANCHAYATH, KYASAMBAHALLI HOBLI, K.G.F. TALUK, KOLAR DISTRICT - 563 116. REPRESENTED BY ITS PARTNER REG. UNDER KARNATAKA EXCISE ACT, 1965.

¶24

SRI A N ROHIT, S/O A NATARAJ, AGED ABOUT 37 YEARS,

¶25

- 3 - NC: 2024:KHC:35029 WP No. 19949 of 2024 C/W WP No. 21897 of 2024

¶26

R/O NO 6-1143, K.G.F MAIN ROAD, VINAYAKA NAGAR, VENKATAGIRI KOTE TOWN AND MANDALAM, CHITTOR DISTRICT - 517 424.

¶27

SRI GUNDULRU VAMSHI KRISHNA, S/O G RAJANNA, AGED ABOUT 32 YEARS, R/O NO 5/39, THATHIREDDY PALLI VILLAGE, PEDDA CHELLARA GUNTA, BYREDDIPALLI, CHITTOR DISTRICT - 517 415.

¶28

SRI KISHORE T, S/O LATE T GUNASHEKAR, AGED ABOUT 33 YEARS, R/O NO 19, 8TH MAIN ROAD, PALACE GUTTAHALLI, MALLESHWARAM, BENGALURU - 560 003.

¶29

…RESPONDENTS

¶30

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT PRODUCED AT ANNX-Y DTD. 18.06.2024 PASSED BY THE R-3 BEARING NO. EXE/321/IML/2023-24 AND ETC.,

¶31

IN WP.NO.21897/2024

¶32

BETWEEN:

¶33

A N R BAR AND RESTAURANTS, A REGISTERED PARTNERSHIP FIRM

¶34

4 - NC: 2024:KHC:35029 WP No. 19949 of 2024 C/W WP No. 21897 of 2024

¶35

HAVING ITS PLACE OF BUSINESS AT E KHATA NO. 151900201300920143, VP KHATA NO.128, PANTHANAHALLI VILLAGE, NG HULKUR GRAMA PANCHAYATH, KYASAMBALLI HOBLI, KGF TALUK, KOLAR DISTRICT - 563 116. REP BY ITS PARTNERS

¶36

SRI A N ROHITH, S/O A NATARAJ, AGED ABOUT 38 YEARS.

¶37

SRI KISHORE T, S/O GUNASHEKAR T, AGED ABOUT 35 YEARS.

¶38

SRI G VAMSIKRISHNA, S/O G RAJANNA, AGED ABOUT 33 YEARS.

¶39

SMT. C RAJALAKSHMI, W/O KRISHNAMURTHY, AGED ABOUT 51 YEARS.

¶40

SRI P MUNISWAMY, S/O P MUNAIAH, AGED ABOUT 50 YEARS.

¶41

SRI NITHIN CHAKRAVARTHI L M, S/O L A MANJUNATH, AGED ABOUT 35 YEARS.

¶42

…PETITIONERS

¶43

(BY SRI. MANJUNATH K.V., ADVOCATE FOR SRI. RAJESWARA P N.,ADVOCATE)

¶44

5 - NC: 2024:KHC:35029 WP No. 19949 of 2024 C/W WP No. 21897 of 2024

¶45

AND:

¶46

THE DEPUTY COMMISSIONER, GANDHI NAGAR KOLAR DISTRICT - 563 101.

¶47

THE EXCISE COMMISSIONER, OFFICE OF THE COMMISSIONER OF EXCISE, 2ND FLOOR, TTMC A BLOCK, BMTC, SHANTINAGAR, BENGALURU - 560 027.

¶48

THE DEPUTY COMMISSIONER OF EXCISE, EXCISE DEPARTMENT, GANDHI NAGAR, KOLAR DISTRICT - 563,101.

¶49

TAHSILDAR, K.G.F. TALUK, K.G.F - 563 122.

¶50

THE N.G.HULKUR GRAM PANCHAYATH, K.G.F. TALUK, KOLAR DISTRICT - 563 116. EMAIL. [email protected] PH. 08153268805 REP. BY ITS PRESIDENT.

¶51

RESPONDENTS

¶52

(BY SRI.MANJUNATH K., HCGP)

¶53

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITIES TO GRANT THE PETITIONERS REQUEST FOR GRANT OF CL7 LICENSE AT PREMISES AT VP KHATA NO. 128 E-SVATHTHINA NO. 151900201300920143 OF

¶54

6 - NC: 2024:KHC:35029 WP No. 19949 of 2024 C/W WP No. 21897 of 2024

¶55

PANTHANAHALLI VILLAGE WITHIN A TIME FRAME FIXED BY THIS HONBLE COURT.

¶56

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,

¶57

ORDER WAS MADE THEREIN AS UNDER:

¶58

CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

¶59

ORAL ORDER

¶60

Petitioner in W.P. No.19949/2024 is the objector for

¶61

grant of CL-7 Licence to respondent No.7-M/s. ANR Bar and Restaurant and petitioner in W.P. No.21897/2024.

¶62

Brief facts for consideration of these writ petitions is to be narrated as under:

¶63

The objector and respondent No.7 had filed W.P. No.27262/2023 and W.P.No.25726/2023 respectively before this Court. This Court vide order dated 20.12.2023 disposed of the writ petition with the following observations:

¶64

"A] The petition stands disposed of, and the jurisdictional Deputy Commissioner of Excise is called upon to call for:

¶65

i. a Report from the concerned Grama panchayath on the katha certificate relied upon by the petitioner in W.P. No.27262/2023 in the light of

¶66

7 - NC: 2024:KHC:35029 WP No. 19949 of 2024 C/W WP No. 21897 of 2024

¶67

the katha certificates produced Annexures - E and H, and as

¶68

ii. a Report about the status of conversion of the concerned land from the jurisdictional Tahsildar.

¶69

B] The jurisdictional Deputy Commissioner of Excise shall decide on the petitioner's application, in the light of such Reports, the relevant decisions and the circulars issued by the Government in this regard, after extending due opportunity within a period of eight [8] weeks from the date of receipt of a certified copy of this order.

¶70

C] It is observed that in the light of this order and the consideration required, the report dated 26.10.2023 issued by N.G.Hulkuru Grama Panchayath, KGF Taluk, Kolar District shall be ignored.

¶71

In view of disposal of the main petitions, all pending IAs stand disposed of accordingly.”

¶72

While disposing of the writ petition, this Court

¶73

observed that the Deputy Commissioner while considering the application of the petitioner (respondent No.7) to operate CL-7 Licence must also extend due opportunities to both the applicant and the objector to file their response to the reports called for in that regard. Pursuant to the order passed by this Court, respondent Nos.4, 5 and 6 submitted the report to respondent No.3/Deputy

¶74

8 - NC: 2024:KHC:35029 WP No. 19949 of 2024 C/W WP No. 21897 of 2024

¶75

Commissioner of Excise, respondent No.3 issued an endorsement that in the event, respondent No.7 (petitioner in W.P.No.21897/2024) rectifies all the fouls/mistakes/lapse as reported by respondent Nos.5 and 6 and the proper documents are filed, the application as per the rules would be considered and rejected the application of respondent No. 7 (Petitioner in W.P.No.21897/2024).

¶76

It is the submission of the learned senior counsel Jaykumar S. Patil, for the objector that while considering the application of respondent No.7, (M/s. ANR Bar and Restaurant) an opportunity needs to be extended to the objector.

¶77

Respondent No.7-M/s. ANR Bar and Restaurant

¶78

has filed the connected writ petition, seeking for a writ of mandamus directing the respondent-Authorities to grant the petitioner's request for grant of CL-7 License, at premises of VP Khatha No.128 E-Khatha No.151900201300920143 of Panthanahalli village within a

¶79

9 - NC: 2024:KHC:35029 WP No. 19949 of 2024 C/W WP No. 21897 of 2024

¶80

time frame fixed by this Hon'ble Court, in the interest of justice and equity.

¶81

The grievances of the objector and the petitioner in W.P. No.21897/2024 would be meted if the necessary direction is issued to the respondent No.2 to consider the representation of the petitioner-M/S. ANR Bar and restaurant for seeking grant of CL-7 licence and while considering the said application, the objector to be afforded an opportunity to file objections and to be heard and the respondent-Authorities to pass appropriate orders on the application, in accordance with law within a time of

¶82

Six weeks from the date of release of this order. Accordingly, these writ petitions stand disposed of.

¶83

Sd/(K.S. HEMALEKHA) JUDGE

¶84

AMA

¶85

List No.: 3 Sl No.: 6

Sri Murali Mohan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Murali Mohan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Palani a Vs Bengaluru Electricity Supply Co. Ltd.

Smt. T.G. Nandini Vs the State of Karnataka

H. Narasimhamurthy Vs the Secretary Regional Transport Authority

Smt. Manjulamma Vs Sri. Annaiahswamy

Romeo Saldanha Vs the Secretary

B Khemchand Vs Secretary to the Government of India