- 1 - NC: 2025:KHC:1063 WP No. 30802 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. 30802 OF 2024 (EXCISE) BETWEEN: 1. M/S HIGHLAND BOARDING AND LODGING A PARTNERSHIP FIRM SURVEY NO.149/2, KATHA NO. 715/415/2 REGISTERED UNDER PARTNERSHIP ACT, NIDAVANDA, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562111, REPRESENTED BY ITS PARTNER MANISH S, S/O SIDDAPPA, AGED ABOUT 31 YEARS. …PETITIONER (BY SRI MOHAN MAHABALESHWAR BHAT, ADVOCATE) AND: 1. THE COMMISSIONER OF EXCISE, IN KARNATAKA, NO.27, 2ND FLOOR TTMC, SHANTHINAGAR BUS TERMINAL, SHANTHI NAGAR, BENGALURU - 560027. 2. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK - 562110, BENGALURU RURA DISTRICT. 3. THE DEPUTY COMMISSIONER OF EXCISE, BENGALURU RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK - 562110, BENGALURU RURAL DISTRICT. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1063 WP No. 30802 of 2024 4. THE INSPECTOR OF EXCISE, NELAMANGALA RANGE, NELAMANGALA - 562123, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI MANJUNATH B, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING THE IMPUGNED ORDER DTD 05.10.2024 PASSED BY R-4 IN NO.EXE/NE.VA/CL-7/02/2024-25 MARKED AT ANNEXURE-G CONSEQUENTLY, DIRECT THE RESPONDENTS TO GRANT CL-7 LICENSE IN FAVOUR OF THE PETITIONER IN RESPECT OF THE PREMISES BEARING SY NO. 149/2, KATHA NO. 715/415/2, NIDAVANDA, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT FOR THE EXCISE YEAR 2024-25. 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 Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Advocate appearing for the respondents. 2. In terms of Annexure-G, the application for CL-7 License under the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968, filed by the petitioner is rejected by the Inspector of Excise, Nelamangala/ the 4th respondent. - 3 - NC: 2025:KHC:1063 WP No. 30802 of 2024 3. Learned counsel for the petitioner submits that the application has to be considered by the Deputy Commissioner of Excise i.e., the 3rd respondent, under the relevant Rules. 4. Learned Additional Government Advocate appearing for the respondents in his fairness does not dispute the said submission. 5. This being the position, the impugned order passed by the person, who has no authority is quashed. The Deputy Commissioner of Excise, who is the 3rd respondent, shall consider the application filed by the petitioner within four weeks from the date of receipt of a certified copy of the order. It is made clear that nothing is expressed on the merits of the matter. All contentions are kept open. With the above observation the writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE NG List No.: 1 Sl No.: 74