IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 09TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.50409 OF 2019 (EXCISE - PIL) BETWEEN:
1. SRI V. GAJENDRA SON OF VELAYUDHAN, AGED ABOUT 45 YEARS, RESIDING AT MALLANDURU VILLAGE AND POST, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT – 577 130.
2. SRI KRISHNA SON OF LATE PERUMAL, AGED ABOUT 34 YEARS, RESIDING AT MALLANDURU VILLAGE AND POST, GANDHINAGARA, BYARAHALLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT – 577 130.
3. SRI RHAHAMAN SON OF LATE MOHAMMED, AGED ABOUT 46 YEARS, RESIDING AT MALLANDURU VILLAGE AND POST, BYRAHALLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT – 577 130.
... PETITIONERS (BY SRI BHADRINATH R, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF EXCISE, VIDHANAN SOUDHA, DR.AMBEDKAR VEEDHI, 2BENGALURU – 560 001.
2. THE COMMISSIONER, DEPARTMNET OF EXCISE, VOKKALIGARA BHAVAN, HUDSON CIRCLE, BENGALURU – 560 001.
3. THE DEPUTY COMMISSIONER DEPARTMENT OF EXCISE, CHIKKAMAGALURU, CHIKKAMAGALURU DISTRICT – 577 126.
4. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU – 577 126.
5. THE INSPECTOR EXCISE DEPARTMENT, CHIKKAMAGALURU ZONE, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT – 577 126.
6. SRI POOVAPPA POOJARI, SON OF BASAPPA POOJARI, AGED ABOUT 66 YEARS, RESIDING AT MALLUNDURU VILLAGE AND POST, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT – 577 126.
... RESPONDENTS (BY SRI B.V.KRISHNA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 TO 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2, 3 AND 4 TO CONSIDER AND PASS APPROPRIATE ORDERS ON THE CONSIDER THE REPRESENTATIONS DATED 12.09.2019, 10.10.2019 AND 14.10.2019 RESPECTIVELY AS FOUND AT ANNEXURE – A, A1 AND A2 WITHIN A SPECIFIC TIME FRAME ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER This writ petition is filed seeking for a writ of mandamus to direct the respondents to consider the representations of the petitioners dated 12.9.2019, 10.10.2019 and 14.10.2019 vide Annexures-A to A2.
2. The learned Additional Government Advocate for respondent Nos.1 to 5 submits that the said representations along with application of respondent No.6 would be considered in accordance with law and only then, appropriate orders would be passed.
3. In view of the submission made, the Writ Petition is disposed off. Respondent *No.4 is directed to consider the representations of the petitioners vide *Corrected vide court order dated 13.11.2020 Annexures-A to A2 within a period of eight weeks from the date of receipt of a copy of this order.
Sd/- JUDGE Sd/- JUDGE Cs/-
CT-MJ