IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12687 OF 2019 (EXCISE-PIL) BETWEEN:
1. Sri Govindappa, S/o Nagappa, Aged about 48 years, R/at No.209, Nehrunagar, Anavatti, Shimoga, Karnataka-577 413.
2. Sri Devaraja, s/o Holelingappa, Aged about 41 years, R/at No.166/2, Main Road, Soraba Taluk, Agasanahalli, Shimoga-577 413.
3. Sri S.A.Prabhakara, s/o S.Adiveppa, Aged about 61 years, R/at Chandramuki, A-Block, 4th Cross, Sharavathi Nagar, Shimoga-577 201.
... PETITIONERS (BY MR.RAMESHA G.P., ADVOCATE – NONE APPEARS) AND:
1. Deputy Commissioner Revenue Shimoga District, Shimoga-577 201.
2. Deputy Commissioner Excise, Shimoga District, Shimoga-577 201.
3. Mysore Sales International Ltd., Cunningham Road, Bangalore-560 001.
... RESPONDENTS (BY SHRI. P.B.ACHAPPA, AGA FOR R-1 & R-2) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND TO ISSUE A WRIT OF MANDAMUS OR DIRECTION TO THE RESPONDENT AUTHORITIES TO CONSIDER THE VARIOUS REPRESENTATIVES OF THE GENERAL PUBLIC INCLUDING THE REPRESENTATION PRODUCED AT ANNEXURE-A IS PROVIDED UNDER LAW.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER None appears for the petitioners.
2. Heard the learned Additional Government Advocate for the first and second respondents. Considering the limited prayer made in the petition, notice to the 3rd respondent is not necessary.
3. The grievance of the petitioners is that though they made representations to the first and second respondents as regards opening of a liquor shop, no decision has been taken on the said representations.
3. Hence, we dispose of the petition by passing the following order:
ORDER (i) If the first and second respondents have already taken a decision on the representations made by the petitioners, a copy of the decision shall be forwarded forthwith to the petitioners. If the representations are not yet decided, the same shall be decided within a period of one month from the date on which a copy of this order is received by the first and second respondents;
(ii) We make it clear that no adverse order shall be passed against the third respondent without giving it an opportunity of hearing;
(iii) The writ petition is disposed of in the above terms.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*