IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.11647/2019 (EXCISE) BETWEEN SRI JAYAPPA H S S/O SHIVEGOWDA, AGED ABOUT 48 YEARS, R/AT NO.734, LIG-2, HEBBAL 1ST PHASE, LAKSHMIKANTA NAGAR, MYSORE-560017 (BY MR SUNIL KUMAR H, ADVOCATE (ABSENT)) AND 1. THE DEPUTY COMMISSIONER OF EXCISE NO.1715, 1ST FLOOR, 3RD CROSS, ANIKETAN ROAD, KUVEMPU NAGAR, MYSORE-570023 2. THE EXCISE SUPERINTENDENT NO.1715, 1ST FLOOR, 3RD CROSS, ANIKETAN ROAD, KUVEMPU NAGAR, MYSORE-570023 3. THE DEPUTY COMMISSIONER MYSORE CITY-570023 4. THE PRINCIPAL SECRETARY DEPARTMENT OF LAW AND JUSTICE, VIDHANA SOUDHA, BANGALORE-560001 ...PETITIONER 5. SRI HARI ENTERPRISES REPRESENTED BY ITS PARTNERS, T K DINESH KUMAR AND BHAGYA, NO.292/3, LAKSHMIKANTH NAGAR, HEBBAL 2ND STAGE, MYSORE-560017 (BY MS NILOUFER AKBAR, AGA FOR R1 TO R3 …RESPONDENTS MR SANATH KUMAR SHETTY K, ADVOCATE FOR R5 SERVICE OF NOTICE TO R4 IS HELD SUFFICIENT VIDE ORDER DATED 16/10/2019) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LICENSE NO.EXE/MYSORE 1/3/CL-7/2018-2019 ISSUED BY THE R-2 VIDE ANNEXURE-B AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R There is no representation for the petitioner.
2. A memo is filed by the respondent No.1 which reads as under:
(1) As regards the first prayer as sought for by the Petitioner in the above Writ Petition is concerned, the same does not survive for consideration, as the CL-7 Licence granted to the Petitioner for the Excise Year 2018-19 has come to an end on 30.06.2019 and the Licence has been renewed for the Excise Year 2019-20 on 17.08.2019.
(2) As regards the second prayer as sought for by the Petitioner in the above Writ Petition is concerned, there are no Excise Licences granted within Lakshmikanthanagar, Mysuru which is spread across about 1 sq. k.m, except for CL-7 Licence in favour of Respondent No.5. There are 3 CL-2 Licences, 3 CL-7 Licences, 5 CL-9 Licences and 1 CL-11c Licence in the surrounding area about 2 sq. km. from the outer periphery of Lakshimkanthanagar, Mysuru.
3. In view of the aforesaid, the writ petition stands dismissed as having rendered infructuous.
Sd/- JUDGE JT/-