IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.557/2019 (EXCISE) BETWEEN:
SHRI GURUMURTHY.B.Y., S/O LATE B.M.YELLAPPA AGED ABOUT 40 YEARS R/AT VIVEKANANDA COLONY KANAKAPURA MAIN ROAD BANGALORE-78. ... PETITIONER [BY SRI HANUMANTHAPPA B. HARAVIGOWDA, ADV.] AND:
1. THE ADDITIONAL CHIEF SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF DPAD JANASPANDAN KOSHA, 3RD FLOOR PODIUM BLOC, VISVCESHWARIAH TOWER BANGALORE-560001.
2. THE UNDER SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF DPAR ‘JANASPANDAN KOSHA’, 3RD FLOOR PODIUM BLOCK, VISVESHWARIAH TOWER BANGALORE-560001.
3. THE COMMISSIONER FOR EXCISE GOVERNMENT OF KARNATAKA 2ND FLOOR, T.T.M.C “A BLOCK” SHANTINAGAR BMTC BANGALORE-560027.
4. THE DEPUTY COMMISSIONER FOR EXCISE BANGALORE URBAN DISTRICT [WEST] BANGALORE-560018.
5. THE INSPECTOR FOR EXCISE BANSHANKARI ZONE BANGALORE-78. …RESPONDENTS [BY SMT PRATHIMA.M.S., AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT No.3 TO CANCEL THE CL9 LICENCE ISSUED BY THE RESPONDENT No.4 WITH IMMEDIATE EFFECT AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has filed this writ petition seeking writ of mandamus directing the respondent No.3 to cancel the CL9 licence bearing No.Exe.01/03/13/2005- 2006 issued by the respondent No.4 with immediate effect interalia seeking a direction to the respondent No.4 to transfer the CL9 licence in the name of LRs of late B.M.Yellappa after following the necessary procedure as contemplated under Rule 17 A of Excise Rules, 1967 ['Rules' for short].
2. The petitioner is making unnecessary allegations against the respondents in as much as the transfer of the CL9 licence of the petitioner’s late father B.M.Yellappa in the name of the petitioner’s mother Smt.Nagamma as far back as 09.09.2005. No steps were taken by the petitioner if the said CL9 licence standing in the name of petitioner’s late father B.M.Yellappa was transferred in the name of a wrong person as alleged. Now, it is contended that the petitioner’s mother Smt.Nagamma died on 10.01.2010 but surprisingly, petitioner has not moved before the authorities for transfer of licence.
3. In such circumstances, the writ petition is devoid of merits and the same deserves to be dismissed.
Accordingly writ petition stands dismissed, with liberty to the petitioner to move before the authorities concerned to seek for transfer of CL9 licence standing in the name of his mother Smt.Nagamma if he is entitled to, subject to just all exceptions.
Sd/- JUDGE NC.