- 1 - NC: 2025:KHC-D:6493 WP No. 147607 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO. 147607 OF 2020 (EXCISE) BETWEEN: SRI. N.S.JAGADEESH GOWDA, AGE : 57 YEARS, OCC : BUSINESS, R/O : UTSAVAAMBHA WINES, DOOR NO.125, WARD NO.7, MAGALA VILLAGE, TQ : HADAGALI, DIST : BALLARI-583219. …PETITIONER (BY SRI. PRANAV BADAGI, ADVOCATE FOR SRI. R. H. ANGADI, ADVOCATE) AND: 1. THE COMMISSIONER OF EXCISE IN KARNATAKA BMTC BUS STOP COMPLEX, 32ND FLOOR, SHANTI NAGAR, BENGALARU-560027. 2. THE DEPUTY COMMISSIONER, BALLARI DISTRICT, BALLARI-583101. 3. THE DEPUTY COMMISSIONER OF EXCISE, BALLARI DISTRICT, BALLARI-583101. …RESPONDENTS (BY SRI. P.N.HATTI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO KINDLY ISSUE AN ORDER IN THE NATURE OF CERTIORARI OR QUASH THE IMPUGNED ENDORSEMENT VIDE ANNEXURE-E, DATED 17.08.2020 UNDER NO.EXE/ONLINEAPPLICATION/ES2020061410, ISSUED BY RESPONDENT NO.2 AS IT IS ILLEGAL AND CONSEQUENTLY PERMIT THE PETITIONER TO CARRY OUT HIS BUSINESS IN THE LICENSED PREMISES AT UTSAVAAMBHA WINES, DOOR NO.125, WARD NO.7, MAGALA VILLAGE, TQ HADAGALI, DIST BALLARY-583219. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6493 WP No. 147607 of 2020 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of Certiorari to quash the endorsement dated 17.08.2020 issued by respondent No.2 – the Deputy Commissioner, Ballari produced as per Annexure-E. 2. Heard Sri Pravan Badagi, learned counsel for the petitioner, Sri P.N.Hatti, learned High Court Government Pleader for the respondents. Perused the materials on record. 3. It is the contention of the petitioner that he is the holder of CL-2 license having liquor shop established with the permission of the Department concerned. However, respondent Nos.2 and 3 are directing the petitioner to shift his shop, without any basis or authority. Such notice was once issued on 09.09.2015, produced as - 3 - NC: 2025:KHC-D:6493 WP No. 147607 of 2020 per Annexure-B. Petitioner had approached the Karnataka Appellate Tribunal challenging the said notice. Liberty was reserved with the petitioner to submit his reply to the notice and the competent authority was directed to pass appropriate orders on such reply. Accordingly, reply was submitted. The competent authority has passed the order and respondent No.2 had issued endorsement as per Annexure-E. Being aggrieved by the same, the petitioner is before this Court. 4. Annexure-E is the endorsement dated 17.08.2020 issued by respondent No.2 directing the petitioner to shift his CL-2 business elsewhere as the present location of the business is within the prohibited area as anganawadi centre, the Government schools, colleges, Durgamma temple are situated in the vicinity and the public have raised objections for running the liquor shop. The petitioner is challenging the said endorsement. 5. This Court vide order dated 21.10.2024 directed the learned HCGP representing the respondents to file his - 4 - NC: 2025:KHC-D:6493 WP No. 147607 of 2020 statement of objections specifying the distance between the petitioner’s shop and the educational/religious institutions situated near the petitioner’s shop. This direction was issued, as the impugned endorsement- Annexure-E does not refer to the distance between the schools, colleges, anganawadi centre and temple from the premises of the petitioner where he is running the liquor shop. 6. Learned HCGP has submitted his additional statement of objections, wherein it is stated that SC-ST colony is situated at a distance of 150 meters, temple is situated at a distance of 400 meters, college is situated at a distance of 250 meters. Interestingly, as per an Annexures-R2 and R3, the Excise Inspector specifically states that the shop in question is situated about 150, 200, 305, 240, and 250 meters from the Government Higher Primary School, Temple, Pre-University College, Anganwadi Centre and SC/ST colony respectively. It is specifically stated that none of these buildings are within - 5 - NC: 2025:KHC-D:6493 WP No. 147607 of 2020 hundred metres from CL-2 license shop. Under such circumstances, I do not find any justification for the respondents to issue the impugned endorsement produced as per Annexure-E. 7. Learned High Court Government Pleader submits that, now since the city has developed, many schools and colleges and other religious institutions might have come up within the prohibited area of 100 meters. If that is so, respondents are at liberty to issue fresh direction to the petitioner to shift the CL-2 business elsewhere. But, Annexure-E is not having any justification as it lacks necessary particulars. Even as per the statement of objections, all these premises are not within the prohibited area. Hence, I am of the opinion that the petitioner is entitled for the relief as prayed for. Accordingly, I proceed to pass the following: ORDER (i) The writ petition is hereby allowed. - 6 - NC: 2025:KHC-D:6493 WP No. 147607 of 2020 (ii) The impugned endorsement dated 17.08.2020 issued by respondent No.2-the Deputy Commissioner, Ballari District, Ballari, produced as per Annexure-E is hereby quashed. Sd/- (M.G.UMA) JUDGE CLK CT:ANB List No.: 2 Sl No.: 11