- 1 - NC: 2025:KHC:729 WP No. 186 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 186 OF 2025 (EXCISE) BETWEEN: 1. RAMESH S/O VENKATAPPA, AGED ABOUT 55 YEARS, R/AT NO. 3343, 7TH CROSS, BHOVI COLONY, NEAR SRINIVASA TEMPLE, MANDYA-571 401. 2. K.T. SHANKAREGOWDA, S/O LATE. THIMMALAH, AGED ABOUT 56 YEARS, R/AT NO. 2615, 2ND CROSS, GANDHINAGAR, MANDYA -571 401. …PETITIONERS (BY SRI G K BHAT, SENIOR COUNSEL FOR SMT SUDHA D, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA-571 401. 2. THE DEPUTY COMMISSIONER OF EXCISE, MANDYA DISTRICT, MANDYA-571 401. 3. THE INSPECTOR OF EXCISE, MANDYA RANGE, MANDYA -571 401. …RESPONDENTS (BY SRI MANJUNATH B, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 02.01.2025 IN NO. DTCR/642/2024-25 PASSED R-1 AS PER ANNX-G. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:729 WP No. 186 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard Sri.G.K.Bhat, the learned Senior counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents. 2. The petitioners in this petition are impugning the order cancelling the license in exercise of power under Section 29 of Karnataka Excise Act, 1965 (for short 'Act of 1965'). Admittedly, the order is appealable. 3. Learned Senior counsel appearing for the petitioners would submit that the impugned order can be questioned before this Court as the authority could not have passed the impugned order under Section 29 of the Act of 1965. Even if it is so, the said contention can be raised before the Appellate Authority. Hence, liberty is reserved to the petitioner to move the Appellate Authority in the manner known to law provided under law. - 3 - NC: 2025:KHC:729 WP No. 186 of 2025 4. Time spent in prosecuting this petition shall be excluded in calculating the limitation period. 5. Accordingly, the Writ Petition is disposed of. 6. Registry to return the certified copy of the petition after retaining xerox copy of the same. It is made clear that nothing is expressed on the merits of the matter. If an appeal is filed as provided under the law, the same shall be considered in accordance with law. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 40