IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANASWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.320 OF 2019 (EXCISE) BETWEEN:
B.K.VANAJA, W/O C.R.PANDURANGE GOWDA, AGED ABOUT 59 YEARS, R/O CL-2, LICENSEE, NO.26/1, 2ND MAIN ROAD, 9TH CROSS, SARASWATHINPURAM, MYSURU-570 009.
(BY SHRI G.K.BHAT, ADVOCATE) ... APPELLANT AND:
1. THE STATE OF KARNATAKA, BY ITS ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE EXCISE COMMISSIONER IN KARNATAKA, 2ND FLOOR, TTMC, ‘A’ BLOCK, BMTC BUILDING, SHANTINAGAR, BENGALURU-560 027.
3. THE DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU-570 023.
4. THE DEPUTY COMMISSIONER OF EXCISE, MYSURU DISTRICT, MYSURU-570 023.
5. KAMALAVALLI, W/O. VENKATESHAN, AGED ABOUT 82 YEARS, HOUSE WIFE, NO.988, PANCHAMANTRA ROAD, KUVEMPUNAGAR, MYSURU-570 023.
6. S.JANARDHANA, S/O LATE SRINIVASAIAH.S, AGED ABOUT 54 YEARS, OCC. CONSULTENCY, R/O NO.967, “SADHANA”, AGNIHAMSA ROAD, KUVEMPUNAGAR, MYSURU-570 023.
7. KAISER JAHAN BEGUM, D/O LATE ABDUS SUBHAN, AGED 61 YEARS, OCC: PROFESSOR, NO.953, 2ND CROSS, E AND F BLOCK, AGNIHAMSA ROAD, KUVEMPUNAGAR, MYSURU-570023.
8. VENKATA KRISHNA SHETTY, S/O. NAMA RADHA KRISHNA SETTY, AGED ABOUT 78 YEARS, RETIRED OFFICIAL, NO.991, AGNIHAMSA ROAD, E AND F BLOCK, KUVEMPUNAGAR, MYSURU-570 023.
9. E.LATHA, D/O H.S.ESHWAR, AGED ABOUT 49 YEARS, HOUSE WIFE, NO.968, 1ST CROSS, AGNIHAMSA ROAD, E AND F BLOCK, KUVEMPUNAGAR, MYSURU-570 023.
10. OMKARAPPA.P, S/O. PUTTAIAH GOWDA, AGED ABOUT 44 YEARS, OCC: SELF EMPLOYEE, R/O NO.967, AGNIHAMSA ROAD, KUVEMPUNAGAR, MYSURU-570 023.
11. SOHAN PUROHIT, S/O. BHIKAJI, AGED ABOUT 51 YEARS, OCC. BUISNESS, R/O.993, AGNIHAMSA ROAD, KUVEMPUNAGAR, MYSURU-570 023.
12. NAGARAJ RAO.R.T, S/O.R.S.THUKARAM RAO, AGED ABOUT 57 YEARS, OCC: BUSINESS, R/O.NO.906, 3RD CROSS, AGNIHAMSA ROAD, KUVEMPUNAGAR, MYSURU-570 023.
13. DR.PRADHAN GURUDUTT, S/O.P.THIMMAPPAIAH, AGED ABOUT 80 YEARS, RETD. PROFESSOR, R/O.NO.734, E AND F BLOCK, 4TH CROSS, MANJUPATHA ROAD, KUVEMPUNAGAR, MYSURU-570 023.
14. DR.S.L.BYRAPPA, S/O. LATE. LINGAIAH, AGED ABOUT 88 YEARS, RETD. PROFESSOR, R/O.NO.1007, UDHAYARAVI ROAD, KUVEMPUNAGAR, MYSURU-570 023.
…RESPONDENTS (BY SRI.Y.H.VIJAY KUMAR, PRL.G.A FOR R1 TO R4, SRI.B.N.SHETTY, ADVOCATE FOR R5 TO R14) *** THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND ORDER DATED 24/1/2019 PASSED BY THE HON’BLE SINGLE JUDGE IN W.P.NO.53671/2018 (EXCISE) AND CONSEQUENTLY ALLOW THE SAID WRIT PETITION.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed under Section 4 of the Karnataka High Court Act, 1961, praying to set aside the order dated 24.01.2019 passed by the learned Single Judge in W.P. No.53671/2018.
2. Heard the learned counsel for appellant.
3. In brief, the facts of the case are, that the appellant is doing CL-2 licensed retail liquor business. Originally the license was sanctioned in favour of one V.Srinivasa. When appellant started the said business and shifted the premises, he sought transfer by filing an application before the respondent No.4, in turn, the respondent No.4 issued an endorsement dated 27.11.2018 rejecting the application. Against which the appellant preferred writ petition, which came to be dismissed by the learned Single Judge. Aggrieved by the same the appellant preferred this appeal.
4. On perusal of the materials on record, it is clear that the appellant has to approach the appellate authority before filing the writ petition, under the provisions of Section 61(1) of the Karnataka Excise Act.
5. Accordingly, the writ appeal is disposed of permitting the appellant to prefer an appeal before the appellate authority under the provisions of Section 61(1) of the Karnataka Excise Act. If appellant prefers such an appeal, the appellate authority is directed to consider and dispose of the same in accordance with law as early as possible, within an outer limit of four weeks from the date of filing.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK