Sri. B. Jayarama Reddy, Vs the Excise Commissioner

SRI. B. JAYARAMA REDDY, S/O LATE BHADRACHALA REDDY, AGED ABOUT 56 YEARS, RESIDING AT NO.111/1, 4^TH MAIN ROAD, HEBBAL GANGANAGAR LAYOUT, BENGALURU-560032. …PETITIONER

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(BY SRI N.N. DAMODAR, ADVOCATE)

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AND:

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THE EXCISE COMMISSIONER 2^ND FLOOR, DIAMOND JUBLIEE

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

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COMMERCIAL COMPLEX, VOKKALIGARA BHAVAN BUILDING, SAMPANGIRAMNAGAR, BENGALURU-560009.

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THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BANGALORE-560009.

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DEPUTY COMMISSIONER OF EXCISE (BUD 2) BANGALORE NORTH NO.48, 13^TH CROSS ROAD, MOUNT LAYOUT, MALLESHWARAM, BENGALURU-560003.

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THE ASSISTANT DIRECTOR TOWN PLANNING (EAST), BBMP, 22 FLOOR, SUBASHCHANDRA

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2 - NC: 2025:KHC:48056 WP No. 5178 of 2023

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HC-KAR

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BOSE BUILDING, M.G. ROAD, BENGALURU-560001.

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THE COMMISSIONER BBMP, N.R. SQUARE, BENGALURU-560002.

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THE MEDICAL OFFICER OF HEALTH BBMP, HEBBAL DIVISION, 1^ST MAIN ROAD, A BLOCK, NEAR BASAWESHWARA TEMPLE, HEBBAL, BENGALURU-560024.

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MR. N.R. LAKSHMIKANTH S/O NOT KNOWN TO PETITIONER, AGED MAJOR, AT NO.24, 4^TH MAIN ROAD, GANGANAGAR, BENGALURU-560032.

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MRS. MANJULA KANTH W/O N.R. LAKSHMIKANTH, AGED MAJOR, AT NO.24, 4^TH MAIN ROAD, GANGANAGAR, BENGALURU-560032. …RESPONDENTS

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(BY SRI RAJ KUMAR M., AGA FOR R-1 TO R-3; SMT. SUMANGALA GACHCHINAMATH, ADVOCATE FOR R-4 TO R-6; V/O. DATED 22.08.2025, NOTICES TO R-7 & R-8 ARE H/S)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN RESPECT TO ‘TRADE LICENSE’ BEARING NO.EA09020746152745823 (ANNEXURE-A) AND LIQUOR SALE LICENSE CL-7 BEARING REGISTER NO.EXE/R-10/BUD 2/32/CL7/2021-22 (ANNEXURE-B) AND ISSUE APPROPRIATE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

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NC: 2025:KHC:48056 WP No. 5178 of 2023

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HC-KAR

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ORAL ORDER

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The petitioner has approached this Court seeking to quash the trade licence dated 17.02.2022 and the liquor sale licence (CL-7) dated 22.03.2022 issued by respondent No.6 in favour of respondent Nos.7 and 8.

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Heard learned counsel for the petitioner,

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learned Additional Government Advocate for respondent Nos.1 to 3 and learned counsel for respondent Nos.4 to 6.

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It is submitted that pursuant to the objections/complaint lodged by the petitioner, the competent authority (BBMP) has already taken action, imposed certain conditions, and renewed the trade licence in favour of respondent Nos.7 and 8. If the petitioner is aggrieved by any such conditions or by the renewal of the licence in favour of respondent Nos.7 and 8, the appropriate remedy is to approach the competent authority under the Bruhat Bengaluru Mahanagara Palike Act, 2020 (‘BBMP Act’ for short).

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NC: 2025:KHC:48056 WP No. 5178 of 2023

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HC-KAR

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Insofar as the grant of the liquor sale licence (CL-7) in favour of respondent Nos.7 and 8 by respondent No.3–the Deputy Commissioner is concerned, Section 61(2) of the Karnataka Excise Act, 1965 provides a mechanism enabling an aggrieved person to prefer an appeal before the Excise Commissioner.

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In view of the availability of alternative efficacious remedy, and there being no exceptional circumstances warranting exercise of jurisdiction under Article 226 of the Constitution of India, this Court is not inclined to entertain the writ petition. The petitioner is at liberty to approach the Excise Commissioner in respect of the CL-7 licence, and before the appropriate authority under the BBMP Act insofar as prayer No.1 is concerned.

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