Excise authority ordered closure of a CL-2 liquor licence premises on the ground it stood on Government land. The licensee's writ petition was disposed of by keeping the closure order in abeyance until the Government decided the landlord's pending appeal against that order.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2024 BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 44789 OF 2017 (EXCISE)
BETWEEN:
SHRI A.C. KURIAN SON OF K V CHACKO AGED ABOUT 54 YEARS, CL-2 LICENCEE, PREMISES BEARING NO.III-227 NOOJIBALTILA VILLAGE KALLAGUDDE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-819822.
…PETITIONER
(BY SRI. MOHAN BHAT., ADVOCATE)
AND:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. RADHA RAMASWAMY, AGA FOR R-1 & R-2.)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.22.9.2017 PASSED BY THE R-2 VIDE ANNEX-G ETC.
NC: 2024:KHC:28948 WP No. 44789 of 2017
THIS PETITION, COMING ON FOR PRELIMINARY HEARING – B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
(PER: HON'BLE MR JUSTICE N S SANJAY GOWDA)
dated 22.09.2017 directing the closure of the licensed premises on the ground that the structure in which the business was being carried on was Government land.
the present petitioner, who was a lessee have approached this Court by filing W.P. No.44921/2017 and the present Writ Petition.
passed by the Deputy Commissioner and in view of the interim order he has withdrawn the said Writ Petition with liberty to prosecute the proceedings pending before the Government of Karnataka.
NC: 2024:KHC:28948 WP No. 44789 of 2017
6. In view of the disposal of the petition, all pending
interlocutory applications, if any, stand disposed of.
Sd/(N S SANJAY GOWDA) JUDGE
HNM List No.: 1 Sl No.: 45
1 issue framed by the court
Whether the order closing the licensed premises on the ground that it stood on Government land should be kept in abeyance pending the landlord's appeal before the Government.
1 provisions across 1 enactments
Shri A.C. Kurian
The Deputy Commissioner Dakshina Kannada District, Mangalore
The Deputy Commissioner of Excise Dakshina Kannada District, Mangalore
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
