IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 P R E S E N T THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE & THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.158 OF 2019 (EXCISE – (PIL)) BETWEEN:
SRI.VENUGOPALA, SON OF KRISHNA SHETTY K.Y., AGED ABOUT 31 YEARS,L #211, KURUVANGI, JYOTHINAGARA, KURUVANGI ROAD, KURUVANGI POST, CHIKKAMAGALURU – 577 102. ... PETITIONER (BY SRI. FAYAZ SAB B.G., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS COMMISSIONER, DEPARTMENT OF EXCISE, OKKALIGARA BUILDING, HUDSON CIRCLE, BENGALURU – 560 01.
2. THE EXCISE COMMISSIONER, 2ND FLOOR, T.T.M.C. A BLOCK, B.M.T.C. BUILDING, SHANTHINAGAR, BENGALURU – 560 065.
3. THE EXCISE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU – 577 101.
4. THE DEPUTY COMMISSIONER (DISTRICT MAGISTRATE), CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU – 577 101.
5. M/S. SUVARNA GOWRI LODGE, BAR & RESTAURANT, REPRESENTED BY ITS PARTNERS, SITUATED AT SITE NO.18, KURUVANGI ROAD, CHIKKAMAGALURU – 577 102. ... RESPONDENTS (BY SRI. D.NAGARAJ, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD RESPONDENT NOT TO GRANT / ISSUE EXCISE LICENCE CL-7 TO OPEN AND SELL / RUN THE LIQUOR SHOP IN THE 5TH RESPONDENT HOTEL IN VIOLATION OF EXCISE ACT / RULES IN THE INTEREST OF JUSTICE AND EQUITY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, HON’BLE THE ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER This petition is filed seeking for a writ of mandamus to the 3rd respondent not to grant excise licence CL-7 to the 5th respondent in violation of Excise Rules.
2. Learned counsel for the petitioner has filed a memo today enclosing a copy of the endorsement dated 26.10.2018 issued by the 3rd respondent to the 5th respondent to the effect that the competent authority has rejected the application made by 5th respondent for grant of CL-7 licence.
3. In view of the memo filed and in the light of the endorsement dated 26.10.2018, the prayer made by the petitioner has become infructuous.
4. Accordingly, petition stands dismissed as having become infructuous.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE sac*