IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.54365 OF 2018 (Excise) BETWEEN:
Sri. Nagesh K.
S/o Koragappa Ajila Aged about 34 years R/a No.54, Kotebailu Einekidu Sullia Taluk D.K. District – 574 238 (By Sri. K. Ravishankar, Advocate) AND:
1. State of Karnataka Represented by its Secretary Department of Excise Vidhana Soudha Bengaluru – 560 001 2. The Deputy Commissioner Department of Excise Mangaluru D.K. District – 575 001 3. The Deputy Commissioner D.K. District Mangaluru – 575 001 4. The Harihara Pallathadka Grama Panchayath ….Petitioner Represented by its Chief Executive Officer Harhara Palathadka Village and Post Sullia Taluk D. K. District – 574 218.
….Respondents (By Ms. Niloufer Akbar, AGA) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to direct and restrain respondents not to grant any kind of licence such as CL-2, CL-7 and CL-9 to establish wine shop, bar or MRP outlet as detailed in the petition schedule.
This writ petition coming on for Preliminary Hearing, this day, the court made the following:
ORDER The petitioner has sought for writ of mandamus directing and restraining respondents not to grant any licence such as CL-2, CL-7 and CL-9 to establish wine shop, bar or MRP outlet in the petition schedule land or in the land belonging to Mr. K.B. Thejakumar in an extent measuring 0.03 acres bearing Sy.No.27/1A2A5 totally measuring 0.10.50 acres situated at Harihara Pallathadka Village of Sullia Taluk, Dakshina Kannada District.
2. Learned counsel for respondent No.1 on written instructions would submit that neither any proposal nor any application is found from the records maintained by the Excise Range Office, Sullia to establish CL-2, CL-7 and CL-9 or MSIL shop in Harihara Pallathadka Village of Sullia Taluk, Dakshina Kannada District or in the land belonging to Mr. K.B. Thejakumar bearing Sy.No.27/1A2A5.
3. The said submission is placed on record.
In view of the aforesaid, writ petition being devoid of merit stands dismissed.
Sd/- JUDGE Mds/-