IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.1661/2019 (EXCISE) BETWEEN:
1. SRI L.S.NARASAREDDY S/O LATE SRI SANNA REDDY, AGED ABOUT 70 YEARS 2. SRI L.H.ANJANA REDDY S/O LATE SRI HANUMANTHA REDDY, AGED ABOUT 60 YEARS 3. SRI T.THIMMAREDDY S/O SRI THIMMA REDDY, AGED ABOUT 48 YEARS ALL ARE R/AT LINGADAHALLI VILLAGE, Y.N.HOSKOTE HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT-561202. ... PETITIONERS [BY SRI C.R.GOPALASWAMY, ADV.] AND:
1. STATE OF KARNATAKA DEPARTMENT OF EXCISE, REP. BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER DEPARTMENT OF EXCISE, TUMAKURU DISTRICT, TUMAKURU-572101.
3. THE DEPUTY SUPERINTENDENT DEPARTMENT OF EXCISE, MADHUGIRI SUB-DIVISION, MADHUGIRI-572132.
4. THE TAHSILDAR PAVAGADA TALUK, PAVAGADA-571202.
5. MYSORE SALES INTERNATIONAL LIMITED (GOVT. OF KARNATAKA UNDERTAKING), MYSORE SALES INTERNATIONAL LIMITED, HOUSE NO.36, CUNNINGHAM ROAD, BENGALURU-560 062, REP. BY DISTRICT LIAISON OFFICER, MSIL (LIQUOR DIVISION), TUMAKURU-572101.
6. SMT.ANASUYAMMA W/O SRI NARAYANA REDDY, MAJOR, LINGADAHALLI VILLAGE, Y.N.HOSKOTE HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT-561202. …RESPONDENTS [BY SRI M.MUNIGANGAPPA, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE ORDER AGAINST THE RESPONDENTS HEREIN AND THEREBY PROHIBIT THEM FROM OPENING THE RETAIL LIQUOR OUTLET IN THE SCHEDULED PREMISES AS THE SAME IS CONTRARY TO THE RULES & REGULATIONS OF THE EXCISE ACT OR IN THE ALTERNATE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners are claiming to be the owners and in possession of the properties bearing Sy.No.198/2, 198/9, 198/9 & 198/8 respectively which are situated in Vadankal village. It is their grievance that the representation and the notice issued through their counsel to the respondents to consider the objections in setting up the retail liquor outlet CL-7 license in Sy.No.198/3 of Vadankal village has not been acted upon and the efforts are made to open the retail liquor shop in a residential area, an objectionable place causing nuisance to the residents of the area.
2. Learned counsel for the petitioner would submit that the respondent authorities are obligated to consider the sub-rule [2-A] to Rule 5 of the Karnataka Excise Licenses Rules, 1967 which provides that the Deputy Commissioner of Excise can reject the application for license to open a liquor shop with a view to secure, convenience, morality tranquility, decency or safety of the public or for any other reason after recording proper reasons. However, no such attempt has been made by the concerned authority. On the other hand, permission is likely to be granted to open the liquor shop in the objectionable area.
3. Learned Government Pleader fairly submits that the representations filed by the petitioners shall be considered in accordance with law prior to taking a decision relating to the request of respondent No.5 to grant permission for opening the retail outlet in the premises in question.
4. In view of the said submission of the learned Government Pleader, this Court is of the considered view that justice would be sub-served in directing the respondent Nos.2 and 3 to consider the representations/legal notice submitted/issued by the petitioners at Annexures-H and J respectively and take a decision while considering the request of the respondent No.4 to accord permission to the respondent No.5 to open a liquor shop outlet in the premises in question and an opportunity of hearing shall be provided to the petitioners herein before taking a decision and is ordered accordingly.
With the aforesaid observations and directions, writ petition stands disposed of.
The authorities shall not precipitate the matter till a decision to be taken by the respondent Nos.2 and 3 in terms of the above.
Sd/- JUDGE NC.