- 1 - NC: 2025:KHC:960 WP No. 26266 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 26266 OF 2024 (EXCISE) BETWEEN: 1. SRI RAVI, S/O KULLEGOWDA, AGED ABOUT 57 YEARS, CL-9 LICENSEE, SY.NO.32/4, SHIRANGALA VILLAGE, KUSHAL NAGAR TALUK, KODAGU DISTRICT. …PETITIONER (BY SRI DHANANJAY B C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY, DEPARTMENT OF EXCISE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COMMISSIONER (EXCISE), 2ND FLOOR, TTMC BUILDING, 'A' BLOCK, BMTC, SHANTHI NAGAR, BENGALURU-560027. 3. THE DEPUTY COMMISSIONER OF EXCISE KODAGU DISTRICT, MADIKERI, KODAGU-571 218. …RESPONDENTS (BY SRI MANJUNATH B, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE R2 TO GIVE PERMISSION TO SHIFT CL-9 TO 3 FEET FROM THE PRESENT PREMISES BEARING SY. NO. 32/6, GANDHARVA BAR AND RESTAURANT, SHIRANGALA, KUSHAL NAGAR, Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:960 WP No. 26266 of 2024 PANCHAYATH, KODAGU DISTRICT IS REQUESTED BY THE PETITIONER LICENSEE WITHIN A SPECIFIED PERIOD AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed seeking writ of mandamus to direct the respondent No.2 to issue permission to shift CL- 9 to three feet from the present premises, bearing Survey No.32/6, Gandharva Bar and restaurant, Shirangala, Kushal Nagar Panchayat, Kodagu district. Writ of mandamus is also sought to give effect to the communication dated 31.07.2024 marked at Annexure-A. 2. It is to be noticed from Annexure-A that petitioner’s request for transfer the CL-9 licence to the place mentioned in the application is rejected by the Deputy Commissioner of Excise. Since the order at Annexure-A is not in favour of the petitioner, the writ petition seeking writ of mandamus is not maintainable. In case the petitioner is aggrieved by the order at Annexure- - 3 - NC: 2025:KHC:960 WP No. 26266 of 2024 A, the remedy for the petitioner is to file an appeal under Section 61 of the Karnataka Excise Act, 1965. 3. Reserving such liberty, petition is dismissed. In case the appeal is filed, the time spent in prosecuting this petition from 11.09.2024 till this date has to be excluded in computing the period of limitation, if any. 4. Registry is directed to return the copy of the Annexure-A to the petitioner, after retaining the xerox copy. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 71