IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2022 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.27243 OF 2018 {Excise) C/W WRIT PETITION NO.27242 OF 2018 IN WP NO.27243 OF 2018 BETWEEN:
NAGARAJ A G S/O ASHOK GUTTEDAR AGED ABOUT 43 YEARS CL-2 LICENSEE RETAIL LIQUOR DEALER CHITTAPUR TALUK KALABURAGI DISTRICT 585 101 ...PETITIONER (BY SRI G.K. BHAT, SENIOR ADVOCATE FOR SMT. SUDHA D, ADVOCATE) AND:
1. THE EXCISE COMMISSIONER IN KARNATAKA 2ND FLOOR, TTMC A BLOCK BMTC BUILDING SHANTINAGAR BENGALURU 560027 2. THE DEPUTY COMMISSIONER KALABURAGI 585 101 3. THE DEPUTY COMMISSIONER OF EXCISE KALABURAGI 585 101 (BY SRI VIRANAGOUDA BIRADAR, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER ANNEXURE-E PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.293/2009 DATED 8.6.2018; AND ETC.
IN WP NO.27242 OF 2018 BETWEEN:
DEVAIAH S/O AMALAYYA GUTTEDAR AGED ABOUT . YEARS RETAIL LIQUOR DEALER SHAHPUR TALUK KALABURAGI DISTRICT 585 101 (BY SRI G.K. BHAT, SENIOR ADVOCATE FOR SMT. SUDHA D., ADVOCATE) AND:
1. THE EXCISE COMMISSIONER IN KARNATAKA 2ND FLOOR, TTMC A BLOCK BMTC BUILDING SHANTINAGAR BENGALURU 560027 2. THE DEPUTY COMMISSIONER KALABURAGI 585 101 3. THE DEPUTY COMMISSIONER OF EXCISE KALABURAGI 585 101 .PETITIONER ... RESPONDENTS (BY SRI VIRANAGOUDA BIRADAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER ANNEXURE-E PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.294/2009 DATED 8.6.2018; AND ETC.
THESE PETITIONS COMING FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Though these petitions are listed in preliminary hearing 'B' group, with the consent of the learned counsel appearing for the parties, the same are taken up for final disposal.
2. In these writ petitions, it is the case of the petitioners that on 24th July, 2008, the Inspector of Excise, Chittapura and Inspector of Excise, Shahpur, Kalaburagi District, respectively, conducted a search and found duplicate liquor and accordingly seized those illegal material and pursuant to the same, the Excise Police registered Crime No.1 of 2008-2009 in respect of Writ Petition No.27243 of 2018 and Crime No.14 of 2008-2009 in respect of Writ Petition No.27242 of 2018 for the offences punishable under Section 32 and 34 of the Karnataka Excise Act, 1965 (for short hereinafter referred to as the 'Act') . It is further pleaded that the Deputy Commissioner Kalaburagi District, without conducting enquiry, issued notice to the petitioners, cancelled the licence issued in favour of the petitioners and being aggrieved by the same, the petitioners have preferred Appeals No.293 and 294 of 2009 respectively, before the Karnataka Appellate Tribunal under Section 61(3) of the Act. The Appellate Tribunal, by its order dated 08th June, 2018, rejected the appeals preferred by the petitioners and being aggrieved by the same, the petitioners have presented these writ petitions.
3. Sri G.K. Bhat, learned Senior Counsel appearing on behalf of the counsel for the petitioners, contended that the criminal case launched against the petitioners ended-up with acquittal by the competent criminal Court and same has reached finality. The learned Senior Counsel further submits that the very basis for withdrawing of the licence by the Deputy Commissioner, Kalaburagi is with regard to the charges framed against the petitioners in the respective criminal cases and in view of the acquittal made by the competent criminal Court, the authorities are required to revisit the issue for continuance of licence and as such, he submitted that the order passed by the Appellate Tribunal requires to be set aside in these petitions.
4. Per contra, Sri Viranagouda Biradar, learned Additional Government Advocate sought to justify the impugned order.
5. It is evident from the writ papers that the respondent authorities had registered criminal cases against the petitioners on account of the complaints lodged in Crime No.1 of 2008-2009 and 14 of 2008-2009. The competent Court acquitted the petitioners in the trial and as such, the petitioners are exonerated from the charges levelled against them by the respondent-authorities. It is also forthcoming from the writ papers that the sole basis for withdrawing the licence is on account of the criminal cases registered against the petitioners and since the Criminal cases are ended-up with acquittal, the respondent-authorities are required to reconsider the issue relating to continuance of the licence issued in favour of the petitioners.
In the result, writ petitions are allowed. Respondent No.2- Deputy Commissioner, Kalaburagi shall reconsider the issue afresh and take appropriate decision in the matter in accordance with law, in the light of the observation made above.
Sd/- JUDGE lnn