IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.20882/2019 (EXCISE) BETWEEN H. DEVARAJU S/O HANUMEGOWDA, AGED ABOUT 55 YEARS, LIQUOR BUSINESS, HULIYURDURGA, TUMKUR – 572101.
(BY SMT SUDHA D, ADVOCATE FOR SRI G K BHAT, ADVOCATE) AND ...PETITIONER 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BANGALORE 560001.
2. THE EXCISE COMMISSIONER IN KARNATAKA 2ND FLOOR, TTMC, A BLOCK, BMTC BUILDING, SHANTINAGAR, BENGALURU-560027 3. THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR 572101.
4. THE DEPUTY COMMISSIONER OF EXCISE TUMKUR DISTRICT, TUMKUR 572101 (BY SMT.NILOUFER AKBAR, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.3 & 4 TO RECEIVE THE APPLICATION AND TO RECEIVE THE PRESCRIBED FEES FOR RENEWAL FROM THE PETITIONER TO RENEW THE LICENSE IN FORM CL-
2 WHICH WAS AS PER ANNEXURE-E BEFORE IT WAS CANCELLED AND TO CONSIDER THE SAME ON ITS MERITS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
OR D E R The petitioner has sought for a writ of mandamus directing the respondent Nos.3 and 4 to receive the application and the prescribed fees to renew the licence in Form CL-2 bearing No.EXE/IML/KGL/CL- 2/22/2009-10 dated 08.07.2009 which has been cancelled and to consider the same on merits.
2. The petitioner is claiming to be the licencee of excise licence bearing No.EXE/IML/KGL/CL- 2/22/2009-10 issued by the competent authority. On registration of a criminal case against him for violation of the excise laws and licence conditions, the Deputy Commissioner-Licencing Authority, Tumkur, initiated proceedings and cancelled the licence, which has been confirmed in the appeal before the authorities as well as the Karnataka Appellate Tribunal.
3. It is the contention of the petitioner that after investigation, the learned Magistrate in C.C.No.1331/2012 has acquitted the petitioner for the offences charged under Sections 32, 38A of the Karnataka Excise Act. Hence the disqualification contemplated under Rule 4-B of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968, (hereinafter referred to as ‘the Rules’ for short), is not applicable to the petitioner and is entitled to get the licence renewed.
4. It is needless to observe that the petitioner if qualified to seek for renewal of the excise licence in terms of The Karnataka Excise Act, 1965 and the Rules, he is at liberty to submit an application for renewal of the licence and the respondent-authorities can consider such application in accordance with law and take a decision in the matter. However, no such cause has arisen for the petitioner to seek for a writ of mandamus as prayed for. The writ petition is premature.
5. Hence, the writ petition stands disposed of, with liberty to the petitioner to submit an application seeking for renewal of licence, if so entitled. The respondent-authorities shall take a decision in accordance with law, if such application is submitted.
Sd/- JUDGE JT/-