- 1 - HC-KAR NC: 2025:KHC:20100 WP No. 21181 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 21181 OF 2024 (EXCISE) BETWEEN: R.CHANDRU S/O RAMAPPA, AGED ABOUT 62 YEARS, R/AT NO 126, 12-13 CROSS, MALLESHWARAM, BENGALURU-560 003. …PETITIONER (BY SRI. G.K.BHAT., SENIOR ADVOCATE FOR SMT. SUDHA.D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA FINANCE DEPARTMENT, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-01. 2. THE EXCISE COMMISSIONER IN KARNATAKA, 2ND FLOOR, TTMC 'A' BLOCK, BMTC BUILDING, SHANTHINAGAR, BENGALURU-560 027. 3. THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201. 4. THE DEPUTY COMMISSIONER OF EXERCISE, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 014. …RESPONDENTS (BY SRI. MANJUNATH.B., AGA) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20100 WP No. 21181 of 2024 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: ORAL ORDER Sri.G.K.Bhat., Senior counsel on behalf of Smt.Sudha.D., for the petitioner and Sri.Manjunath.B., AGA for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: (a) Issue a Writ of Certiorari to quash the order captioned as Endorsement dated 18.05.2024 in No.EXE/IML/SMG(1)CL-2/31/2023-24 issued by the fourth respondent vide Annexure-H. (b) Issue a Writ of Mandamus directing respondents 2 and 4 to reconsider the application of the petitioner for renewal of the License in Form CL- 2 for the Excise Year 2024-25 vide Annexure-C dated 10.10.2023. - 3 - HC-KAR NC: 2025:KHC:20100 WP No. 21181 of 2024 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that the petitioner filed an application for renewal of license on 10.10.2023. The application was made to the Deputy Commissioner of Excise. The Deputy Commissioner of Excise forwarded the same to the Excise Commissioner. Rule 5-A of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 is very clear that whenever an application for renewal is made either to the Deputy Commissioner of Excise or to the Excise Commissioner, the concerned officer must consider the application and take appropriate decision. As already noted above, in the present case, the petitioner filed application before the Deputy Commissioner of Excise. The Deputy Commissioner of Excise instead of considering the application for renewal for himself has unnecessarily forwarded the same to the Excise Commissioner. This is untenable. Hence, the opinion formed by the Commissioner of Excise at Annexure-F and the - 4 - HC-KAR NC: 2025:KHC:20100 WP No. 21181 of 2024 Endorsement issued by the Deputy Commissioner of Excise at Annexure-H are liable to be quashed. 5. The Writ of Certiorari is ordered. The order captioned as Endorsement dated 18.05.2024 in No.EXE/IML/SMG(1)CL-2/31/2023-24 issued by the fourth respondent vide Annexure-H is quashed. A mandamus is ordered directing the Deputy Commissioner of Excise to consider the renewal application filed by the petitioner in accordance with Rule 5-A of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 within ten days from the receipt of certified copy of this order. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 55