Adv. Manjunatha G Vs State of Karnataka

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NC: 2025:KHC:44308 WP No. 31007 of 2025

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1 -

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 31007 OF 2025 (EXCISE)

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BETWEEN:

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ADV. MANJUNATHA G S/O GANGADARAIAH AGE ABOUT 49 YEARS O/@ NO. 860, BSK 6TH STAGE 11TH BLOCK, GANAKAL 80 FEET MAIN ROAD, DR. VISHNUVARDHAN ROAD CHANNASANDRA, SRINIVASPURA BENGALURU, KARNATAKA - 560 060.

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…PETITIONER

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(BY SRI. SRINATH A.R, ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. THE EXCISE COMMISSIONER OFFICE OF THE EXCISE COMMISSIONER, 2ND FLOOR, TTMC A BLOCK, BMTC BUILDING, SHANTHINAGAR, BENGALURU - 560 027.

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THE DEPUTY COMMISSIONER OF EXCISE OFFICE OF THE DEPUTYCOMMISSIONER OF EXCISE, BUD-6 ,NO. 334/6, KSBCL COMPLEX, OPPOSITE BATARAYANAPURA POLICE STATION MYSORE ROAD, BANGALORE - 560 026.

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2 - NC: 2025:KHC:44308 WP No. 31007 of 2025

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HC-KAR

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THE EXCISE INSPECTOR

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OFFICE OF THE DEPUTY

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COMMISISIONER OF EXCISE,

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BUD-6, NO. 34 /6, KSBCL COMPLEX, OPPOSITE BATARAYANAPURA POLICE STATION MYSORE ROAD, BANGALORE - 560 026.

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COMMISSIONER OF POLICE, BENGALURU ALI ASKER RD, VASANTH NAGAR, BENGALURU, KARNATAKA - 560 001.

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SHO KENGERI POLICE STATION MYSURU ROAD, KENGERI SATELLITE TOWN BENGALURU, KARNATAKA - 560 060.

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…RESPONDENTS

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(BY SRI. RAJ KUMAR M, AGA)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING RESPONDENT NO. 2 TO TAKE STRICT AND IMMEDIATE ACTION AGAINST THE MRP LIQUOR OUTLET ADJACENT TO THE PETITIONERS OFFICE AND PRINCE DHABA, UNDER THE KARNATAKA EXCISE ACT, 1965.

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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 MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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Learned AGA accepts notice for respondents.

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The petitioner has approached this Court seeking

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writ of mandamus directing respondent No.2, Excise

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3 - NC: 2025:KHC:44308 WP No. 31007 of 2025

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HC-KAR

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Commissioner to take strict and immediate action against a MRP liquor outlet and Prince Dhaba situated adjacent to petitioner's office, under the Karnataka Excise Act, 1965 (for short 'the Excise Act'), further directing respondent No.5, the Commissioner of police to take appropriate action under the BNS, 2023 and BNSS, 2023, to curb illegal alcohol consumption, unlicensed supply of liquor and smoking of tobacco in public space, and to prevent public nuisance.

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Learned AGA brings to the notice of this Court

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that respondent Nos.2 and 4 namely, the Excise Commissioner and the Excise Inspector have already addressed the grievance of the petitioner and appropriate action has been initiated in pursuance to the complaint. The said communication is produced at Annexure-'B' to this writ petition. It is therefore contended that the complaint has been duly considered by the competent authority under the provisions of the Excise Act. The relief sought by the petitioner apart from seeking enforcement

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4 - NC: 2025:KHC:44308 WP No. 31007 of 2025

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HC-KAR

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of excise regulations includes grievances relating to alleged nuisance caused in front of his office premises,

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which is not amenable to adjudication in writ petition.

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This Court is of the considered view that since the competent Excise Authorities have already taken cognizance of the petitioner's complaint and appropriate steps have being initiated. In regard to the grievance relating nuisance is concerned, it is open to the petitioner to approach the jurisdictional authorities or the competent civil/criminal forum in accordance with law.

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In view of the above, this Court finds no ground to entertain the present Writ Petition. Accordingly, this Writ Petition is dismissed.

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Sd/-

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__________________ JUSTICE K.S. HEMALEKHA

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SSD List No.: 1 Sl No.: 22

Adv. Manjunatha G v. State of Karnataka

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Adv. Manjunatha G v. State of Karnataka

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