Sri. R. Mahesh, v. State of Karnataka

Karnataka HC2 Sept 2025WP/25684/2025

Case brief

AI extract

What is this about?

CL-7 licence; Karnataka excise; writ of mandamus; Articles 226 & 227; boarding and lodging licence; pending licence application; Excise Inspector Zone-17 Kengeri; Commissioner of Excise Karnataka; Machohalli Gram Panchayath NOC; licence fee Rs.4,60,000; four weeks time-bound consideration; disposal of writ petition; High Court of Karnataka 2025; WP 25684/2025.

What did the court decide?

Respondent no.3 directed to consider petitioner's pending application for CL-7 licence within four weeks from receipt of certified copy of the order and inform petitioner of the result of such consideration. ¶¶41

Sri. R. Mahesh, Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the respondents to consider and grant the petitioner's pending application for a CL-7 licence for his boarding and lodging establishment 'Sri Maruthi Mahal Boarding and Lodging'. +1 more

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Court's answer

Since the pendency of the petitioner's CL-7 licence application with respondent no.3 is not seriously in dispute, instead of retaining the writ petition it is appropriate to dispose it of by directing the respondents to consider the application in accordance with law within a time limit.

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Ratio / Principle

Respondent no.3 is directed to consider the petitioner's application for issuance of CL-7 licence, if still pending, within four weeks from the date of receipt of certified copy of the order and to inform the petitioner of the result of such consideration.

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Detailed headnote1 paragraphs

Writ petition (WP No. 25684 of 2025, Excise) under Articles 226 & 227 of the Constitution of India by Sri R Mahesh seeking mandamus to direct the State of Karnataka (Commissioner of Excise), the Deputy Commissioner and the Excise Inspector, Zone-17, Kengeri (respondents) to grant a CL-7 licence for his boarding and lodging establishment 'Sri Maruthi Mahal Boarding and Lodging', Bygondanahalli Village, Dasanapura Hobli, Bengaluru North Taluk. Petitioner had applied in 2024-25 with all necessary documents and Rs.4,60,000/- licence fee, relying on Machohalli Gram Panchayath permission, No Objection Certificate (Annexures-C, D, E) and a Clearance Certificate; the application lay pending with respondent no.3. The learned AGA undertook that pending applications would be considered within a reasonable time. Holding the pendency not seriously in dispute, the Court (Ravi V Hosmani, J.) disposed of the petition, directing respondent no.3 to consider the application, if still pending, in accordance with law within four weeks of receipt of certified copy of the order and to inform the petitioner of the result.

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NC: 2025:KHC:34347 WP No. 25684 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V HOSMANI

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WRIT PETITION NO. 25684 OF 2025 (EXCISE)

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BETWEEN:

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SRI R MAHESH S/O H. RAMACHANDRAIAH AGED ABOUT 47 YEARS R/AT F357, MARUTHI NILAYA 7TH MAIN ROAD, BEL LAYOUT BYADARAHALLI 1ST STAGE BHARATH NAGAR, VISHWANEEDM POST, BENGALURU - 560 091.

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…PETITIONER

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(BY SRI SATISH R GIRJI, ADV.)

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AND:

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REPRESENTED BY COMMISSIONER OF EXCISE, SHANTHINAGAR BENGALURU - 560 027.

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THE DEPUTY COMMISSIONER KSBCC COMPLEX, OPP. TO POLICE STATION, BYATARAYANAPURA BENGALURU - 560 023.

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THE EXCISE INSPECTOR ZONE-17, KENGERI, (BUD-3) NO.371, KALPATARU, KHBCS LAYOUT NAGADEVANAHALLI, KENGERI BENGALURU URBAN DISTRICT BENGALURU - 560 056.

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…RESPONDENTS

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NC: 2025:KHC:34347 WP No. 25684 of 2025

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HC-KAR

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(BY SRIBHOJE GOUDA T KOLLER, AGA FOR R-1 TO R-3)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO GRANT CL 7 LICENSE TO RUN THE BOARDING AND LODGING IN THE NAME AND STYLE OF SRI. MARUTHI MAHAL BOARDING AND LODGING, NO. 13, KHATHA 50, BYGONDANAHALLI VILLAGE, DASARAPURA HOBLI, BENGALURU NORTH TALUK. AS PER ANNEXURE-E DTD:05.05.2025.

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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 MR. JUSTICE RAVI V HOSMANI

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ORAL ORDER

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Heard Sri Satish R Girji, learned counsel appearing for petitioner and learned Additional Government Advocate for respondents.

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Writ petition is filed for issuance of writ of mandamus directing respondents to grant CL-7 License to petitioner in respect of Boarding and Lodging run by him in name and style of 'Sri Maruthi Mahal Boarding and Lodging' situated at no.13, Khatha no.50, Bygondanahalli Village, Dasanapura Hobli, Bengaluru North Taluk.

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NC: 2025:KHC:34347 WP No. 25684 of 2025

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HC-KAR

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It was submitted petitioner constructed Boarding

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and Lodging building, in year 2024-25 and filed application for issuance of CL-7 license with respondent no.3 along with all necessary documents and depositing Rs.4,60,000/- towards license fee. It was submitted that petitioner had taken permission from Machohalli Gram Panchayath for construction of building and obtained No Objection Certificate as per Annexures-C, D and E respectively. Petitioner had also obtained Clearance Certificate. Such being case, as petitioner had complied all necessary requirements, respondents were not justified in keeping petitioner's application in cold storage without consideration and therefore, sought for allowing writ petition.

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Learned Additional Government Advocate on other hand submitted that if petitioner's applications were pending, same would be considered and appropriate orders passed within a reasonable time.

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From above, it is seen that only relief sought by petitioner is for writ of mandamus directing respondents to

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NC: 2025:KHC:34347 WP No. 25684 of 2025

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HC-KAR

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consider his application for grant of CL-7 license, stated to be pending with respondent no.3.

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Since filing of application for issuance of CL-7 license by petitioner its pendency with respondent no.3 is not seriously in dispute, instead of retaining writ petition, it would be appropriate to dispose it of directing respondents to consider petitioner's application in accordance with law within time limit.

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Ordered accordingly. Writ petition is disposed off. Respondent no.3 is directed to consider petitioner's application for issuance of CL-7 license, if still pending, within a period of four weeks from date of receipt of certified copy of this order and inform petitioner result of such consideration.

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Sd/(RAVI V HOSMANI) JUDGE

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NMS

Sri. R. Mahesh, v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. R. Mahesh, v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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