- 1 - NC: 2025:KHC:4168 WP No. 35600 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 35600 OF 2024 (EXCISE) BETWEEN: K RAJANNA S/O KEMPE GOWDA, AGED ABOUT 60 YEARS, CL-9 LICENSEE, BHOOMIKA BAR AND RESTAURANT, R/AT NO. 202, 2ND MAIN, BRINDAVANAN EXTENSION, AREKERE MICO LAYOUT, BANNEGHATTA ROAD, BENGALURU-560 076 (SENIOR CITIZENSHIP NOT CLAIMED) …PETITIONER (BY SMT.SUDHA D, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU -560 001. 2. THE EXCISE COMMISSIONER IN KARNATAKA, 2ND FLOOR, TTMC,'A' BLOCK, BMTC BUILDING, SHANTINAGAR, BENGALURU-560 027. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4168 WP No. 35600 of 2024 3. THE DEPUTY COMMISSIONER OF EXCISE, MANDYA DISTRICT, MANDYA -571401 …RESPONDENTS (BY SMT.RASHMI RAO, HCGP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DT.19.10.2024 IN NO.EXE/MDY/IML/28/2024-25 AS PER ANNEXURE -J ISSUED BY THE RESPONDENT NO.3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This writ petition is filed challenging the endorsement dated 19.10.2024 refusing to renew the licence in favour of the petitioner. The petitioner has made a request to renew the licence, which was granted to the petitioner on earlier occasion, which was shifted to some other place on account of the Supreme Court order. Later on the Supreme Court has permitted to renewal of the licence granted on earlier occasion. Taking shatter under the order of the Supreme Court, the petitioner moved a representation to renew the licence in the same place - 3 - NC: 2025:KHC:4168 WP No. 35600 of 2024 which was granted earlier. In terms of the endorsement dated 19.10.2024 the request was rejected. 2. Learned counsel for the petitioner would submitted that similarly placed persons licence was renewed by the authority and without appreciating the spirit of the order of the Apex Court, the petitioner's requested is erroneously rejected. 3. Learned HCGP submits that the order is appealable under the provision of 61(2) of the Karnataka Excise Act, 1965. 4. Since the order is appealable, the writ petition is not entertained. Nevertheless, the petitioner is at liberty to file appeal before the appellate authority. Time spent in prosecuting in this writ petition from 16.12.2024 till today shall excluded in computing the limitation, if any. 5. Registry is directed to return certified copy of the Annexure-J to the learned counsel for the petitioner, after retaining a Photostat copy of the same. - 4 - NC: 2025:KHC:4168 WP No. 35600 of 2024 6. The appellate authority shall consider the appeal on merits. 7. Nothing is expressed on merits of the case. Sd/- (ANANT RAMANATH HEGDE) JUDGE ASN List No.: 1 Sl No.: 1