IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR.JUSTICE ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.21701 OF 2019 (EXCISE-PIL) BETWEEN:
SRI MUNIYANDI S/O.MUNISWAMY AGED ABOUT 40 YEARS R/AT GABGAL VILLAGE MUDIGERE TALUK CHIKKAMAGALUR DISTRICT-577 132 ... PETITIONER (BY SRI G.K.BHAT FOR SMT. SUDHA D., ADVOCATES) AND:
1. STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 2. THE EXCISE COMMISSIONER IN KARNATAKA, 2ND FLOOR TTMC, ‘A’ BLOCK BMTC BUILDING, SHANTHINAGAR BENGALURU-560 027 3. THE DEPUTY COMMISSIONER CHIKKAMAGALUR DISTRICT CHIKKAMGALUR-577 132 4. THE DEPUTY COMMISSIONER OF EXCISE CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR-577 132 5. M/S.GANGADARESHWAR ENTERPRISES A REGISTERED PARTNERSHIP FIRM HAVING LICENCE IN CL-9 REP. BY PARTNER SACHIN NARAYAN S/O. NARAYAN GOWDA AGED ABOUT 55 YEARS ASSESSMENT NO.344 HIREKODIGE VILLAGE KOPPA TALUK CHIKKAMAGALUR DISTRICT-577 132 ... RESPONDENTS (BY SRI D.NAGARAJ, AGA FOR R1 TO R4; NOTICE TO R5 IS DISPENSED WITH VIDE ORDER DATED 28.05.2019) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NO.4 TO GIVE AN OPPORTUNITY OF PERSONAL HEARING TO THE PETITIONER BEFORE CONSIDERING THE APPLICATION AS PER ANNEXURE-A MADE BY RESPONDENT NO.5 FOR SHIFTING CL-9 LIQUOR BUSINESS DATED 12.04.2019.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER The learned counsel appearing for the petitioner seeks dispensation of notice to the fifth respondent. We accept the said request.
2. The learned Additional Government Advocate on instructions, states that before the Competent Authority decides the application dated 12th April 2019 made by the fifth respondent, the fourth respondent will hear the petitioner on the application raised by him.
3. We accept the said statement.
4. In view of the statement, the concerned authority dealing with the application at Annexure-A is bound to consider the objections raised by the petitioner in accordance with law.
By accepting the aforesaid statement and subject to what is observed above, the petition is disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE LB