IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50497/2018 (EXCISE) BETWEEN:
R.SEENAPPA S/O RAMAKRISHNA AGED ABOUT 68 YEARS, NO.68 1ST MAIN ROAD, CHAMARAJAPET BENGALURU-560 018 ... PETITIONER [BY SRI G.K.BHAT, ADV.] AND:
1 . THE 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 KOLAR DISTRICT, KOLAR-563101 4 . THE DEPUTY COMMISSIONER OF EXCISE KOLAR DISTRICT, KOLAR-563 101 5 . B.C.SONNEGOWDA S/O CHENNAPPA AGED ABOUT 55 YEARS, NO.308, KANAKANAPALYA BANGARPET CIRCLE KOLAR-563101 …RESPONDENTS [BY SRI NILOUFAR AKBAR, AGA FOR R-1 TO R-4; SRI B.N.SHETTY, ADV. FOR R-5.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 TO 4 TO RENEW THE LICENSE IN FORM CL-2 IN FAVOUR OF THE PETITIONER IN RESPECT OF THE PREMISES No.322:345 SHOP No.3, M.B.ROAD, KOLAR, BY ACCEPTING THE PRESCRIBED FEES.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for a direction to respondent Nos.3 and 4 to renew the licence in Form CL-2 in favour of the petitioner in respect of the premises No.322:345 shop No.3, MB Road, Kolar by accepting the prescribed fees relating to the excise year 2017-18.
2. In terms of the prayer sought in the writ petition, the petition has become infructuous. Hence, this Court deems it appropriate to dispose of the matter as having rendered infrcutuous with liberty to the petitioner to submit a fresh representation/application before respondent No.3 seeking for renewal of CL-2 licence along with necessary documents. If such an application/representation is made, the same shall be considered by respondent No.3 in accordance with law and a decision shall be taken in an expedite manner after providing an opportunity of hearing to all the concerned parties.
The writ petition stands disposed of accordingly.
Sd/- JUDGE PMR