IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANASWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.6199 OF 2019 (EXCISE-PIL) BETWEEN:
1. YOGESHA S/O OBEGOWDA, AGED ABOUT 27 YEARS 2. AMBAREESH S/O SHIVEGOWDA, AGED ABOUT 25 YEARS 3. SAVITHA W/O JAVAREGOWDA, AGED ABOUT 28 YEARS 4. BEERESHA S/O NINGEGOWDA, AGED ABOUT 30 YEARS 5. M.H.MAHINDRA S/O HUCHEGOWDA, AGED ABOUT 36 YEARS 6. G.D.KRISHNAMURTHY S/O DODDEGOWDA, AGED ABOUT 37 YEARS 7. RAMEGOWDA S/O KALASEGOWDA, AGED ABOUT 36 YEARS 8. BALAKRISHNA S/O SAMACHARI, AGED ABOUT 36 YEARS ALL ARE RESIDING AT SHRAVANURU, SHRAVANURU POST, HALLIMYSORE HOBLI, HOLENARASIPURA TALUK, HASSAN ... PETITIONERS (BY SRI NANDISH PATIL, ADVOCATE) AND:
1. THE MANAGING DIRECTOR MYSORE SALES INTERNATIONAL LTD., MSIL HOUSE, NO.36, CUNNINGHAM ROAD, BANGALORE - 560032 2. THE DEPUTY COMMISSIONER, MSIL HASSAN, HASSAN – 573 201 3. THE EXCISE DEPUTY COMMISSIONER, MSIL HASSAN, HASSAN – 573 201 4. THE EXCISE DEPUTY SUPERINTENDENT, SAKALESHPURA SUB-DIVISION, SAKALESHPURA, HASSAN – 573 127 5. THE EXCISE INSPECTOR, HOLLENARASIPURA, HASSAN – 573 211 …RESPONDENTS (BY SRI D.NAGARAJ, AGA FOR R2 TO 5) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DT 7.1.19 VIDE ANN.C PASSED BY R5; DIRECT THE RESPONDENTS TO RE- CONSIDER THE DECISION BY WITHDRAWING THE ORDER FOR SETTING UP MSIL RETAIL LIQUOR SHOP IN SHRAVANURU VILLAGE, HALLIMYSORE HOBLI, HOLLENARASIPURA TALUK, HASSAN DISTRICT AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 16.01.2019 AND 17.01.2019 VIDE ANN.D SERIES.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
JUDGMENT Heard.
2. Petitioners are aggrieved by the endorsement dated 07.01.2019, whereby the Excise Inspector has called upon the owner of the shop holding Excise License, to resubmit the proposal after completion of the civil works and electrical works. In substance, it is submitted on behalf of the petitioners that allocation of the shop to which excise license is sought is next to a convention hall.
3. Shri. D. Nagaraj, learned AGA submits that the Excise Authorities have conducted the mahazar and not found any violation of Rule 5 of the Excise Rules.
4. We have carefully considered the rival contentions and perused the records.
5. Since there is compliance of Rule 5 of the Excise Rules in permitting the shop in question for vending the liquor, we find no reason to interfere with the impugned endorsement at Anenxure-C of which the petitioners are aggrieved.
6. Accordingly, the petition fails and it is dismissed.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK