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2025 DAILYLAW 24512 (KAR)

SRI K RAMACHANDRA RAJU v. THE CHIEF SECRETARY

WP/13558/2025 · 2025-06-11

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19896 WP No. 13558 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 13558 OF 2025 (EXCISE) BETWEEN: SRI. K.RAMACHANDRA RAJU S/O SUBBARAJU, AGED ABOUT 56 YEARS, R/AT NO.69, FLAT NO.201, 2ND FLOOR, 5TH MAIN ROAD, BEHIND GANESHA TEMPLE, SAHAKARA NAGAR, CQAL LAYOUT, BENGALURU-560 092. …PETITIONER (BY SRI. MUDDURAJ.C., ADVOCATE) AND: 1. THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, ROOM NO. 320, 3RD FLOOR, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE COMMISSIONER OF EXCISE, STATE EXCISE DEPARTMENT, 2ND FLOOR, TTMC-A BLOCK, BMTC BUILDING, SHANTHINAGARA, BENGALURU - 560 027. 3. THE JOINT COMMISSIONER OF EXCISE, STATE EXCISE DEPARTMENT, NEW PUBLIC BUILDING, K.R.CIRCLE, BENGALURU - 560 001. 4. THE DEPUTY COMMISSIONER OF EXCISE, BENGALURU URBAN DISTRICT, (BUD-1), NO. 62, 3RD FLOOR, INDUSTRIAL SUBURB, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19896 WP No. 13558 of 2025 YESHWANTHAPURA, BENGALURU-560 022. 5. THE DEPUTY SUPERINTENDENT OF EXCISE, BENGALURU URBAN DISTRICT (BUD-01), NO.62, 3RD FLOOR, 3RD CROSS, 1ST MAIN ROAD, YESWANTHAPURA, BENGALURU-560 022. 6. THE EXCISE INSPECTOR, RANGE-5, (NANDINI LAYOUT RANGE), BENGALURU URBAN DISTRICT, (BUD-01), NO.62, 3RD FLOOR, 3RD CROSS, 1ST MAIN ROAD, YESWANTHAPURA, BENGALURU 560 022. 7. M/S. NANDINI RESIDENCY, BOARDING AND LODGING, REPRESENTED BY ITS PARTNERS, (RUN AS PER ANNEXUR-B) SRI. J.D. PRAKASH AND SRI. T.R. PUTTASWAMY, HAVING THEIR OFFICE AT NO. 97, DEVARAJA URS TRUCK TERMINAL, KANTEERAVA STUDIO MAIN ROAD, YESHWANTHAPURA, BENGALURU - 560 022. THE LICENCE HOLDING FIRM RUN BY R8 & 9 AS PARTNERS. 8. SRI. J.D. PRAKASH. S/O DODDEGOWDA, AGED ABOUT 45 YEARS, RESIDING AT "SREE LAKSHMI NILAYA" KOTE BEEDI, JAVAGAL, HASSAN, DISTRICT-573 125. 9. SRI. T.R. PUTTASWAMY S/O LATE SRIRANGAPPA, AGED ABOUT 46 YEARS, RESIDING AT NO. 155, "SRI RANGA NILAYA", 2ND CROSS, 5TH BLOCK, - 3 - HC-KAR NC: 2025:KHC:19896 WP No. 13558 of 2025 NAGARBHAVI 2ND STAGE, BENGALURU-560 072. …RESPONDENTS (BY SRI. MANJUNATH.B., AGA FOR R1 TO 6) 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, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Mudduraj.C., counsel for the petitioner and Sri.Manjunath.B., AGA for respondents 1 to 6 have appeared in person. 2. Though the petition is listed today for preliminary hearing. With the consent of counsel for the respective parties, it is heard. 3. The captioned Writ Petition is filed seeking a Writ of Mandamus directing respondent No.4 not to renew the License in CL-7, bearing Registration No.EXE/BUD-1/R-5/IML/CL- 7/03/2023-24, currently bearing Pan No.AAVFN1022G, Register No.0602040484, Excise year 2024-2025 dated:05.07.2024 vide Annexure-B. - 4 - HC-KAR NC: 2025:KHC:19896 WP No. 13558 of 2025 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 5. The petitioner is the absolute owner of the premises in question and the same is leased on rent to respondent No.7, represented by its partners respondents 8 and 9, to run a Bar and Restaurant. The petitioner is seeking a direction not to renew the license. The grievance of the petitioner is as against the Excise license holder. The petitioner being the owner of the building, cannot seek any direction as against the Excise department. If at all the petitioner has any grievance as against the license holder (respondents 7 to 9), he may take recourse under the law before the appropriate forum, if so advised. 6. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 6