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2025 DAILYLAW 24442 (KAR)

SRI V MOHAN RAO v. THE DEPUTY COMMISSIONER

WP/11779/2025 · 2025-06-09

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19345 WP No. 11779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 11779 OF 2025 (EXCISE) BETWEEN: SRI. V.MOHAN RAO S/O. NAGESH RAO, AGED ABOUT 62 YEARS, R/AT SY.NO. 123/1, KHATA NO. 297, D.R. NO. 259, MARTHUR GRAMA PANCHAYATH, ALALLI SHIRUR GRAMA, SAGARA TALUK, SHIMOGA-577 401. …PETITIONER (BY SMT. SUDHA.D., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 401. 2. THE DEPUTY COMMISSIONER OF EXCISE, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 401. …RESPONDENTS (BY SRI. MANJUNATH.B., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19345 WP No. 11779 of 2025 ORAL ORDER Smt.Sudha.D., counsel for the petitioner and Sri.Manjunath.B., AGA for the respondents have appeared in person. 2. The petitioner made representations to the respondents to shift his CL-9 License in the name of Padmavathi Bar and Restaurant at Premises Sy.No.123/1, Khata No.297, D.R.259, Marthur Grama Panchayath, Alali Shirur Grama, Sagar Taluk, Shimoga District and License Fee was also paid on 15.10.2024. After the inspection and inquiry as contemplated under the Rules, permission was granted for shifting. The contention of the petitioner is that the shop was opened and stock was also ordered. However, some of the local people objected for running the business and threatened that they would close the business. The grievance of the petitioner is that he is not in a position to carry on the business though the premises is clear from all objections and there is a speaking order. Under these circumstances the petitioner is before this Court. - 3 - HC-KAR NC: 2025:KHC:19345 WP No. 11779 of 2025 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. It is not in dispute that the competent authority has ordered for shifting of CL-9 License on 27.03.2025. It is ordered that the shifting order is implemented in the right perspective without any interference from any kind of obstructions. 5. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 62