IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.51424 OF 2019 (EXCISE-PIL) BETWEEN:
1. SRI B.A.JAGANATHAIAH SHETTY, SON OF B.ASHWATHAIAH SHETTY, AGED ABOUT 67 YEARS, RESIDING AT CHELUR, BAGEPALLI TALUK, CHICKBALLAPUR DISTRICT – 563 124.
2. SRI CHENNAPPA, SON OF THALALA CHENNARAYAPPA, AGED ABOUT 52 YEARS, RESIDING AT CHELUR, BAGEPALLI TALUK, CHICKBALLAPUR DISTRICT – 563 124.
3. SRI VENKATASWAMY, SON OF PEDDA VENKATARAYAPPA, AGED ABOUT 52 YEARS, RESIDING AT MANDYAMPALLI, BAGEPALLI TALUK, CHICKBALLAPUR DISTRICT – 563 124.
... PETITIONERS (BY SRI NAGARAJAPPA A., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, KARNATAKA GOVERNMENT SECRETARIAT, MULTISTOREYED BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001.
2. THE COMMISSIONER OF EXCISE IN KARNATAKA, SHANTHINAGARA, BENGALURU – 560 027.
3. THE DEPUTY COMMISSIONER, REVENUE, CHICKBALLAPUR DISTRICT, CHICKBALLAPUR.
4. THE MANAGING DIRECTOR MSIL HOUSE, NO.36, CUNNINGHAM ROAD, BENGALURU – 560 001.
... RESPONDENTS (BY SRI B.V.KRISHNA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 TO 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 3 MORE PARTICULARLY THE DEPUTY COMMISSIONER OF THE DISTRICT CHICKBALLAPUR, TO CONSIDER THE REPRESENTATIONS OF THE PETITIOENRS TO SHIFT THE CL 11-C LICENSE FROM MITTEMARI, BAGEPALLI TO THE CHELLUR TOWN OF BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT MARKED AT ANNEXURES – G, G1 AND G2 RESPECTIVELY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, M. NAGAPRASANNA J., MADE THE FOLLOWING:
ORDER This petition is filed seeking a writ of mandamus to direct respondent Nos.1 to 3, more particularly, the Deputy Commissioner of Chikkaballapur District to consider the representations of the petitioners.
2. We have heard learned counsels.
3. The representations are submitted in public interest and without granting sufficient time, the instant petition is filed. It appears that the petitioners have rushed to this Court without affording reasonable time to the respondents to consider their requests. Therefore, writ petition being premature, is dismissed.
Sd/- JUDGE Sd/- JUDGE nvj