IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.45984/2017 (EXCISE-PIL) BETWEEN:
1. DARSHAN B J S/O JAYARAJ AGED ABOUT 26 YEARS RESIDING AT NO.11TH CROSS KUVEMPUNAGAR HASSAN–573 201 2. RAGHUNANDAN T R S/O RANGEGOWDA AGED ABOUT 37 YEARS RESIDING AT NO.13, CROSS INDIRANAGAR HASSAN–573 201 3. GIRISH S A S/O ANANTHA MURTHY AGED ABOUT 35 YEARS INDIRANAGAR HASSAN–573 201 4. RAMESHA S/O MANGEGOWDA AGED ABOUT 32 YEARS 10TH CROSS, KUVEMPUNAGAR KHB COLONY HASSAN–573 201 ...PETITIONERS (BY SRI G K BHAT, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY FINANCE AND EXCISE 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 HASSAN DISTRICT HASSAN-573 201 4. THE DEPUTY COMMISSIONER OF EXCISE HASSAN DISTRICT HASSAN-573 201 5. SMT. SAVITHA VASUDEV W/O LATE VASUDEV RESIDING AT VASUDEVA NILAYA SRINIVASA GARAGE BACKSIDE NORTH EXTENSION HASSAN TOWN HASSAN DISTRICT-573 201 …RESPONDENTS (BY SRI R.DEVDAS, PRINCIPAL GOVERNMENT ADVOCATE FOR R-1 TO R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 14.09.2017 AS PER ANNEXURE-E AND CONSEQUENTIAL LICENCE IN FORM CL-9 AS PER ANNEXURE-F ISSUED BY RESPONDENT NO.3.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
Heard. The grievance of the petitioners is that licence for sale of liquor (Form CL-9) granted to respondent No.5 is violative of Rule 5 of the Karnataka Excise Licences (General Conditions) Rules, 1967. The appropriate course for the petitioners is to first approach the statutory authority to redress their grievance.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE bkv