- 1 - NC: 2025:KHC:11981 WP No. 6412 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 6412 OF 2025 (EXCISE) BETWEEN: RAJENDRA H H S/O HANUMATHAPPA AGED ABOUT 29 YEARS, CL-7 LICENSE RAGHAVENDRA LODGE KADAKANI POST, SIORABA TALUK SHIMOGA DISTRICT -577429. …PETITIONER (BY SRI. G.K. BHAT, SENIOR ADVOCATE FOR SMT. SUDHA D., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FINANCE VIDHAN SOUDHA, AMBEDKAR VEEDHI BENGALURU -560001. 2. THE EXCISE COMMISSIONER IN KARNATAKA 2ND FLOOR TTMC 'A' BLOCK BMTC BUILDING SHANTINAGAR BENGALURU -560027. 3. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA -577201. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:11981 WP No. 6412 of 2025 4. THE DEPUTY COMMISSIONER OF EXRCISE SHIVAMOGGA DISTRICT SHIVAMOGGA -577201. …RESPONDENTS (BY SRI.MANJUNATH B., AGA ) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 13.02.2025 IN NO. EXE/CL-7/2502040053/2024-25 AS PER ANNX-K PASSED BY THE R-3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, a license holder in Form CL-7 issued under Rule 3 (7) of the Karnataka Excise [Sale of Indian and Foreign Liquors] Rules 1968, has called in question the third respondent's order dated 13.02.2025 [Annexure-K]. The third respondent, by this Order dated 13.02.2025, has directed the petitioner to shift the business to another premises. Sri G.K.Bhat, the learned Senior Counsel for the - 3 - NC: 2025:KHC:11981 WP No. 6412 of 2025 petitioner, while arguing in support of the petitioner's request for interim order against the third respondent's order dated 13.02.2025, had canvassed that the third respondent could not have exercised jurisdiction calling upon the petitioner to shift his business in view of the Notification dated 17.04.1998 [Annexure-H] which vests such jurisdiction with the Deputy Commissioner [Excise]. 2. This Court has granted interim order on 05.03.2025 staying the operation of the order dated 13.02.2025 calling upon Sri. Manjunatha B, the learned Additional Government Advocate, to meet the specific ground on jurisdiction. However, when Sri. G.K. Bhat has placed on record a copy of the notice issued by the Deputy Commissioner [Excise] on 28.02.2025, which is in terms of the order dated 13.02.2025 called upon the petitioner to shift the business, this Court has called upon the respondents to answer who would be the competent authority to - 4 - NC: 2025:KHC:11981 WP No. 6412 of 2025 issue orders under the Karnataka Excise Licences (General Conditions) Rules 1967 in view of the Notification dated 17.04.1998, the efficacy of the third respondent's order dated 13.02.2025 in the light of the notice dated 28.02.2025 by the Deputy Commissioner [Excise] and the circumstances in which this officer has exercised jurisdiction when this Court is seized of the matter. 3. In response, both the Deputy Commissioner [Excise] and the Deputy Commissioner [the third respondent] have filed their respective affidavits, but these affidavits do not answer the questions formulated by this Court, but it is indubitable that the notice dated 28.02.2025 is before this petition is filed when this is put to the learned Additional Government Advocate, he files a memo for leave to withdraw the order dated 13.02.2025 but with liberty to proceed in terms of the notice dated 28.02.2025 - 5 - NC: 2025:KHC:11981 WP No. 6412 of 2025 issued by the Deputy Commissioner [Excise]. Sri. G.K. Bhat is heard in the light of this request. 4. This Court must opine that if the respondents propose to withdraw the impugned order dated 13.02.2025 and pursue the proceedings consequent to the notice dated 28.02.2025 issued by the Deputy Commissioner [Excise], they must be at liberty and the petition must be disposed of as having become infructuous while observing that the petitioner can file a response to the notice dated 28.02.2025 within the next two weeks without waiting for a certified copy. Hence, the following: ORDER The petition stands disposed of as having become infructuous observing that if the petitioner fails to show cause against the terms of the notice dated 28.02.2025 as now permitted, the Deputy Commissioner [Excise] will be at liberty to decide in - 6 - NC: 2025:KHC:11981 WP No. 6412 of 2025 law on merits, and this Authority will also be at liberty to decide if the response is filed within the time specified under law. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr