IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.55868/2018 (LB-RES) Between Sri. Ravindra M. Nikum, Aged about 37 years, S/o Maruthi Nikum, Jodumutta Road, Alake, Mangalore-574 329. ... Petitioner (By Sri. Nataraja Ballal, Advocate) And 1. State of Karnataka, Department of Excise, M.S.Building, Bengaluru Rep. by Deputy Commissioner of Excise, D.K.District-574 329.
2. Panchayath Development Officer Ajjavara Grama Panchayath, Post Ajjavara, Sullia Taluk, Dakshina Kannada-574 329 ... Respondents (By Smt Prathima Honnapura, AGA for R1) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 03.11.2018 [Annexure-A] passed by the respondent and etc., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
2 ORDER Learned Additional Government Advocate accepts notice for respondent No.1.
Petitioner has challenged the notice at Annexure-A and it is contended that though the said communication dated 03/11/2018 is styled as a notice, it amounts to an order insofar as trade license has been cancelled. However, in light of the fact that redressal against such an order is available under Section 269 of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, the petitioner is directed to approach the Executive Officer of the Taluk Panchayat, Sullia Taluk, by filing necessary appeal against the impugned order. The order at Annexure-A, dated 03/11/2018 is kept in abeyance for a period of three weeks.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE SMJ