1/4 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 29th DAY OF AUGUST 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.38531/2017 (EXCISE) BETWEEN:
PRAVASODYAMA HOTEL MALIKARA SANGHA (TOURISM HOTEL OWNERS ASSOCIATION) REGISTERED UNDER KARNATAKA SOCIETY REGISTRATION ACT 1960, BAGALOKOTE DISTRICT HOTEL BELAGALI PALACE BUILDING, LOKAPUR BAGALKOTE DISTRICT BY ITS PRESIDENT ARJUN S/O YAMUNAPPA DALAWAI AGED ABOUT 52 YEARS R/O GADYAL, JAMAKHANDI TLAUK BAGALKOTE DISTRICT-5871032.
…PETITIONER (BY SRI.G.K.BHAT, ADV.) 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 BAGALKOTE DISTRICT,BAGALKOTE-587103.
4. THE DEPUTY COMMISSIONER OF EXCISE BAGALKOTE DISTRICT BAGALKOTE-587103.
…RESPONDENTS (BY SRI.A.M.SURESH REDDY, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-3 AND R-4 TO RECEIVE APPLICATION AND RENEW THE LICENSE IN FORM CL-
7 IN FAVOUR OF THE PETITIONER ASSOCIATION FOR THE EXCISE YEAR 2017-18 IRRESPECTIVE OF THEIR LOCATION & ETC., THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.G.K.Bhat, Adv. for Petitioner Mr.A.M.Suresh Reddy, AGA for Respondents 1. The petitioner-Pravasodyama Hotel Malikara Sangha (Tourism Hotel Owners Association) has filed this petition with the following prayers:-
“ (i) Issue a writ of mandamus directing the respondent No.3 and 4 to receive application and renew the license in Form CL-7 in favour of the petitioner Association for the excise year 2017-18 irrespective of their location.
(ii) Issue an appropriate writ or direction declaring that in view of the condition under Rule 3(7) of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968, the licenses in Form CL-7 will have to be treated as a separate category for the purpose of its renewal.
(iii) Issue any other appropriate writ order or direction deemed fit to be granted in the facts and circumstances of the case”.
2. The learned AGA for the Respondents- Department submitted that the individual applications by the respective Hotel and Bar owners of CL-7 licences have to be considered independently, as the facts of each case will be different whether such applicants are hit by the restrictions given by the Hon’ble Supreme Court in the case of State of Tamil Nadu vs. K.Balu decided on 15.12.2016 or not, whether they are falling foul under Rule 5 of the Karnataka Excise (General Conditions) Rules, 1968 or not, are the relevant considerations and therefore, the individual applicants may file their separate applications in accordance with law which will be disposed of after necessary inspection and spot survey on individual facts in accordance with law.
3. On these submissions made by the learned AGA for the Respondents-Department, the present petition is disposed of with a liberty to the Members of the petitioner-Association to file the individual applications of CL-7 licences to seek their renewal by filing separate applications in accordance with law, which are expected to be decided independently in accordance with law expeditiously. No costs.
Sd/- JUDGE Srl.