- 1 - NC: 2025:KHC:16303-DB WP No. 11421 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT PETITION NO. 11421 OF 2025 (EXCISE-PIL) BETWEEN: 1. CHANDRE GOWDA S/O. REVAPPA GOWDA AGED ABOUT 47 YEARS R/AT BELURU, HUSKUR BIKKODU POST HASSAN DISTRICT - 573 215 2. ROHITH H.M. S/O. MALLESH GOWDA H.R. AGED ABOUT 29 YEARS R/AT BIKKODU HOBLI HUSKUR, BELUR TALUK HASSAN DISTRICT - 573 215 …PETITIONERS (BY SRI G.K. BHAT, SENIOR ADVOCATE FOR SMT. D. SUDHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:16303-DB WP No. 11421 of 2025 HASSAN - 573 201 3. THE DEPUTY COMMISSIONER OF EXCISE HASSAN DISTRICT HASSAN - 573 201 4. SMT. B.S. MAMATHA W/O. B.S. DHARMA AGED ABOUT 40 YEARS R/AT AREHALLI HOBLI BELLAVARA VILLAGE ANUGHATTA POST BELUR TALUK HASSAN DISTRICT - 573 115 …RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR RESPONDENT Nos.1 TO 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, DIRECTION, DIRECTING THE RESPONDENTS No. 2 AND 3 NOT TO CONSIDER THE APPLICATION FOR GRANT OF CL-7 LICENSE TO THE RESPONDENT No.4 AND ALSO NOT TO PERMIT THE FURTHER CONSTRUCTION IN THE PROPERTY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS MADE THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND - 3 - NC: 2025:KHC:16303-DB WP No. 11421 of 2025 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned Senior Advocate Mr. G.K. Bhat for learned advocate Smt. D. Sudha for the petitioners and learned Additional Government Advocate Smt. Nilouer Akbar for respondent Nos.1 to 3, who appeared upon service of copy of the petition in advance. 2. Two petitioners, projecting themselves to be public spirited persons, have filed this petition, styling it as public interest petition, seeking to direct respondent Nos.2 and 3, who are the Deputy Commissioner, Hassan and the Deputy Commissioner of Excise, Hassan, respectively, not to consider the application for grant of CL-7 licence to private respondent No.4. CL-7 licence pertains to the licence for opening and running the restaurant business. It is further prayed that respondent No.4 should not be permitted to construct any further on the property. 3. The ground in support of the case and the prayer is that the minimum distance of 27.25 mtrs. measured from the State Highway is not observed and the said distance is not maintained in setting up the proposed business of restaurant, the restaurant is within the distance which is not permissible. The second ground is that the - 4 - NC: 2025:KHC:16303-DB WP No. 11421 of 2025 property belongs to the Wakf Board and that the departments of government are located near the place. 4. As far as the ground that the property belongs to Wakf Board, it stands unsubstantiated. It is a bare statement coming forth. In any view, this aspect as well as the question whether the minimum distance from the State Highway is maintained or not, both require a factual inquiry. Mere allegations are not enough to draw any conclusion in this regard. 5. The fact finding exercise cannot be gone into in the writ jurisdiction. It is for the authorities to undertake such inquiry on facts in relation to both the aspects urged. 6. In the above view, this Court is not inclined to exercise the public interest jurisdiction, and not inclined to grant any relief. 7. The present petition is dismissed accordingly. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE AHB,List No.: 1 Sl No.: 7