Disposed

Smt Shilpa D Ashok v. the State of Karnataka

Karnataka HC20 Sept 2024WP/25703/2024

Case brief

AI extract

What is this about?

Petition seeking consideration of an application for grant of a Form CL-7 excise licence for the current excise year. The court directed the petitioner to apply through the Excise Inspector, Range-1, Hassan, who was to forward it to the Licensing Authority for consideration within eight weeks.

What did the court decide?

Direction to petitioner to file before Excise Inspector, Range-1, Hassan; Inspector to forward to Licensing Authority; Licensing Authority to decide within eight weeks.

Smt Shilpa D Ashok Vs the State of Karnataka — Karnataka HC (2024) — LawSathi Research

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1 - NC: 2024:KHC:38877 WP No.25703 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF SEPTEMBER, 2024 BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.25703 OF 2024 (EXCISE)

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BETWEEN:

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SMT. SHILPA D. ASHOK W/O D. ASHOK AGED ABOUT 37 YEARS R/AT. NO.10, LAKSHMIDEVI NIVAS 1ST MAIN ROAD, 2ND CROSS VENKATEGOWDA LAYOUT HEBBAL KEMPAPURA BENALURU-560024.

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…PETITIONER

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(BY SMT. D. SUDHA, ADV.,)

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AND:

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Digitally signed by SHYAMALA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA

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REP. BY ITS ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT VIDHANA SOUDHA BENGALURU -560 001.

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THE EXCISE COMMISSIONER IN KARNATAKA, 2ND FLOOR TTMC, 'A' BLOCK, BMTC BUILDING SHANTINAGAR, BENGALURU-560 027.

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THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN -573 201.

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NC: 2024:KHC:38877 WP No.25703 of 2024

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THE DEPUTY COMMISSIONER OF EXCISE HASSAN DISTRICT HASSAN -573 201.

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THE DEPUTY SUPERINTENDENT OF EXCISE HASSAN SUB DIVISION HASSAN-573 201.

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THE INSPECTOR OF EXCISE HASSAN RANGE 2 HASSAN -573 201.

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…RESPONDENTS

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(BY SRI. K. MANJUNATH, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT, DIRECTING THE R-4 TO PLACE THE APPLICATION, ANNEXURE-E OF THE PETITIONER FOR GRANT OF LICENSE IN FORM CL-7 IN TERMS OF THE REPRESENTATION AS PER ANNEXURE-Q DTD 21.08.2024 BEFORE THE R-3 - LICENSING AUTHORITY WITH ALL THE DOCUMENTS FURNISHED. DIRECT, DIRECTING THE R-3 TO CONSIDER THE APPLICATION OF THE PETITIONER FOR GRANT OF LICENSE IN FORM CL-7 IN TERMS OF THE REPRESENTATION AS PER ANNEXURE-Q DTD 21.08.2024 TREATING THE SAME AS THE ONE MADE FOR THE CURRENT EXCISE YEAR 2024-25 & ETC.

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

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3 - NC: 2024:KHC:38877 WP No.25703 of 2024

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

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ORAL ORDER

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The grievance of the petitioner is the non

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consideration of the application submitted by the petitioner for grant of license in Form CL-7 at Annexure-Q dated 21.08.2024. The application is filed before respondent No.4-The Deputy Commissioner of Excise but the proper Authority to consider the application is respondent No.3Licensing Authority. The petitioner seeks mandamus to direct respondent No.4 to place the application of the petitioner for grant of license in Form CL-7 before respondent No.3-Licensing Authority and in turn, Licensing Authority to consider the application of the petitioner for the grant of license.

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The learned HCGP submits that the proper

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channel to be followed is by making application to the Excise Inspector, Range-1, Hassan District and the said officer, in turn, forward it to respondent No.3-Licenseing Authority.

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4 - NC: 2024:KHC:38877 WP No.25703 of 2024

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The said submission is recorded.

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In view of the same, the petitioner to make an application before the Excise Inspector, Range-1, Hassan District and the said inspector to forward the application of the petitioner to respondent No.3-Licensing Authority and respondent No.3-Licensing Authority to consider the application of the petitioner within an outer limit of eight weeks thereafter.

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Accordingly, this writ petition is disposed of .

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Sd/(K.S. HEMALEKHA) JUDGE

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ABK List No.: 1 Sl No.: 2

Smt Shilpa D Ashok v. the State of Karnataka

Case brief

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Smt Shilpa D Ashok v. the State of Karnataka

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