IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.18559 OF 2018 (EXCISE) BETWEEN:
SMT. JOLLY THOMAS W/O. LATE THOMAS K.T. AGED ABOUT 74 YEARS RESIDINT AT C/O. SRI. N.S. BIDDAPPA S/O. N.B. SOMANNA BLOCK NO.7, BUILDING NO.29/1B COLLEGE ROAD MADIKERI-571 201 (BY SRI. DHANANJAYA C.M., ADVOCATE FOR ... PETITIONER SRI. A.G. SHIVANNA & SRI. H.M. KISHOR KUMAR (NOC) SRI. RAMESH G.P., ADVOCATE) AND:
1. COMMISSIONER OF EXCISE IN KARNATAKA 2ND FLOOR, TTMC ‘A’ BLOCK K.H. ROAD, SHANTHINAGARA BANGALORE-560 027 2. DEPUTY COMMISSIONER OF EXSICE KODAGU DISTRICT MADIKERI-571 201 3. DEPUTY COMMISSIONER OF REVENUE KODAGU DISTRICT KODAGU-571 201 ... RESPONDENTS (BY SRI. V. SREENIDHI, AGA FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER/ENDORSEMENT DATED 26.07.2017 PASSED BY THE RESPONDENT NO.2 AS PER ANNEXURE-A.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has assailed the order/endorsement dated 26.07.2017 by which petitioner’s grievance relating to renewal of CL-2 Licence has been turned down on the score that there is no availability of quota under CL-2 for the purpose of renewal of CL-2 Licence which stood in the name of petitioner’s – husband late Sri K.T.Thomas.
2. Sri. K.T. Thomas was extended CL-2 Licence at 1-180 near Market, Madikeri Town during the period from 1.7.2012 to 30.6.2013. Before expiry of CL-2 Licence granted to the late K.T. Thomas, he died on 12.5.2013 while leaving behind the petitioner herein and five children. Petitioner’s son submitted application for renewal of transfer of CL-2 Licence, it was turned down on account of non payment of departmental due. Thereafter, on 8.7.2016, Department of Exercise evolved a scheme called ‘Kara Samadhan’. Under the said scheme, petitioner has cleared all dues which were due to the respondent-Exercise Department. In this background, petitioner’s grievance was considered by the Exercise Department and issued an endorsement on 26.7.2017. Hence, the present petition.
3. Learned counsel for the petitioner vehemently contended that question of invoking quota principle is not applicable to the petitioner’s case. Grievance of the petitioner is relating to renewal of Licence which was granted to her late husband Sri. K.T. Thomas. There is no provision of adjusting a Licence which has been granted in favour of a particular person could be treated as out of quota when the issue relating to renewal of CL-2 Licence crop up. Therefore, in the absence of statutory provision, impugned endorsement dated 26.7.2017 is arbitrary and illegal.
4. Per contra, learned counsel for the respondents has fairly submitted pointed out that petitioner is required to comply the criteria mentioned under Rule 5(A) of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 (for short ‘Rules, 1968’) . If petitioner fulfills criteria under Rule 5-A, then exercise Department will re-consider the matter.
5. In view of these facts and circumstances, there is non application of mind in issuing endorsement dated 26.7.2017 in respect of petitioner’s grievance relating to renewal of Licence. Accordingly, endorsement dated 26.07.2017 is set aside. The concerned respondents are hereby directed to take afresh decision and to renew the CL-2 Licence of petitioner’s late husband Sri.K.T.Thomas which was issued at No.1-180 near Market, Madikeri Town in terms of the earlier Licence dated 3.6.2012. In the meanwhile, petitioner is hereby directed to comply sub clause (3) of Rule 5(A) of the Rules 1968, if it is not complied as on this date. The concerned respondent is hereby directed to examine ‘whether petitioner has complied the aforesaid clause for the purpose of renewal of Licence or not?
6. Further, concerned respondents are hereby directed to issue renewed CL-2 Licence in favour of the petitioner at 1-180, near market, Madikeri Town within a period of eight weeks from the date of receipt of copy of this order.
7. At this stage, learned counsel for the State- Respondent submitted that petitioner is required to comply Rule 17(A) of the Karnataka Exercise Licences (General Conditions) Rules, 1967. The petitioners are permitted to make necessary application in terms of Rule 17(A) of the Rules, 1967 at the earliest.
Sd/- JUDGE BS