Smt Ratnamma v. the Excise Commissioner of Karnataka

Karnataka HC4 Apr 2025WP/8359/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 8359 of 2025 (Excise); decided 04.04.2025 by Justice B M Shyam Prasad; petitioner Smt Ratnamma seeking renewal/issuance of CL-7 excise licence for Indian liquor shop at KGF, Kolar District; heirs' dispute over licence of late B.V. Munirathnam; impleading applicant Smt. K. Jalaja via Order I Rule 10 CPC; related petitions W.P.No.19840/2022, W.P.No.17858/2023 (common order 14.02.2025, para 16: accounts and profit payable if applicant wins P & SC No.17/2023) and W.P.No.25233/2024 (trade licence, disposed 12.02.2025); licence renewed by Deputy Commissioner of Excise on 02.04.2025; writ petition disposed of as withdrawn; no precedent cited.

What did the court decide?

The petition stands disposed of as withdrawn. ¶¶47-48

Smt Ratnamma Vs the Excise Commissioner of… — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:14365 WP No. 8359 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 8359 OF 2025 (EXCISE)

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BETWEEN:

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SMT RATNAMMA

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W/O LATE B.V MUNIRATHNAM AGED ABOUT 57 YEARS R/A PANTHANA HALLI VILLAGE, KYASMBA HALLI HOBLI, K.G.F TALUK, KOLAR DISTRICT, KARNATAKA-517247.

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…PETITIONER

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(BY SRI. D.R. RAVISHANKAR, ADVOCATE FOR SRI. H R SANTHOSH.,ADVOCATE)

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AND:

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Digitally signed by VANAMALA N Location: High Court of Karnataka

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THE EXCISE COMMISSIONER OF KARNATAKA 2^ND FLOOR, TTMC A BLOCK, BMTC BUILDING, SHANTHI NAGAR, BENGALURU 560027.

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THE DEPTY COMMISSIONER OF EXCISE 2^ND FLOOR, TTMC A BLOCK, BMTC BUILDING, SHANTHI NAGAR, BENGALURU 560027.

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THE JOINT COMMISSIONER OF EXCISE

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2^ND FLOOR, TTMC A BLOCK,

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NC: 2025:KHC:14365 WP No. 8359 of 2025

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BMTC BUILDING, SHANTHI NAGAR, BENGALURU 560027.

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THE DEPUTY COMMISSIONER OF EXCISE, KOLAR DISTRICT, KOLAR-517 247.

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…RESPONDENTS

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SMT. K. JALAJA W/O LATE B.V. MUNIRATHNAM AGED ABOUT 40 YEARS R/AT 40 YEARS SWATHANTRA NAGARA BASAVANAPURA POST K.R. PURAM HOBLI, BENGALURU EAST TALUK BENGALURU - 560 036.

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… IMPLEADING RESPONDENT

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(BY SRI.VIKAS VIJAPURA., AGA SRI. G.K. BHAT, SENIOR ADVOCATE FOR SMT. SUDHAR D, ADVOCATE FOR IMPLEADING APPLICANTS)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO FORTHWITH ISSUE/ RENEW THE EXCISE LICENSE THE (CL-7 LICENSE) TO CONTINUE RUN BUSINESS OF SALE OF INDIA LIQUOR AT PREMISES NO. 11572 B.V. MUNIRATHNAM, KHATHA NO. 112/1, PANTHARAHALLI VILLAGE, N.G.PANCHAYAT, KGF TALUK, KOLAR DISTRICT, IN TERMS OF LICENSE DATED 30.06.2022 IN FAVOUR OF THE PETITIONER, IN COMPLIANCE WITH THE JUDICIAL ORDERS ALREADY PASSED IN W.P.NO. 17858/2023 CLUBBED WITH W.P.NO. 19840/2022 AT ANNX-H.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD

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NC: 2025:KHC:14365 WP No. 8359 of 2025

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ORAL ORDER

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This petition has a chequered history, and it is about operating an Excise License. The dispute is essentially amongst those who claim under the original license holder, Sri B. V. Munirathnam, who is no more. At the first instance, this Court in W.P.No.19840/2022 [ Excise ] has granted interim order permitting the petitioner to operate the business under the subject Excise License, but on terms and subject to the final decision in the petition.

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During the pendency of this writ petition, two other writ petitions in W.P.No.17858/2023 and W.P.No.25233/2024 [ LB-RES ] are filed. The petition in W.P.No.25233/2024 [ LB-RES ] stands disposed of on 12.02.2025, rejecting the grievance as against the decision to issue Trade License to the petitioner. The writ petitions in W.P.No.19840/2022 c/w. W.P.No.17858/2023 [ Excise ] stand disposed of by order dated 14.02.2025.

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NC: 2025:KHC:14365 WP No. 8359 of 2025

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As regards the present controversy between the petitioner and the applicant, this Court must refer to paragraph - 16 of the common order dated 14.02.2025 in W.P.No.19840/2022 c/w. W.P.No.17858/2023 [ Excise ], which reads as under.

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This Court has not given any finding as to who is running the business and who is not running a business at this juncture. In case third party applicant¹ succeeds before the Competent Civil Court in P & SC No.17/2023, the petitioner shall furnish the accounts, and the petitioner is liable to pay the profit .

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The petitioner has filed this petition for directions to the respondents to forthwith issue/renew the Excise License.

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Sri D. R. Ravishankar, the learned Senior

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Counsel for the petitioner, relying upon these

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1 Admittedly, the applicant who has filed an application for impleadment under Order I Rule 10 of CPC.

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NC: 2025:KHC:14365 WP No. 8359 of 2025

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circumstances and the terms as contained in the afore paragraph, submits that the present petition may be dismissed as withdrawn as the second respondent has renewed the subject Excise License on 02.04.2025 and the same is affirmed by the learned Additional Government Advocate.

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However, Sri. G. K. Bhat, the learned Senior Counsel for the applicant, proposes to canvas that the petition is filed for reasons and even before the expiry of the appeal period that would be available to the aggrieved as against this Court's order dated 14.02.2025 in W.P.No.19840/2022 c/w. W.P.No.17858/2023 [ Excise ], taking some exception to the manner in which the prayer is drafted in the memorandum of petition. Crucially, Sri G. K. Bhat cannot object to this Court permitting withdrawal of the petition.

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NC: 2025:KHC:14365 WP No. 8359 of 2025

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Hence, The petition stands disposed of as

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withdrawn.

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SD/(B M SHYAM PRASAD) JUDGE

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SA ct:sr