- 1 - HC-KAR NC: 2025:KHC-D:14152 WP No. 101875 of 2025 C/W WP No. 101502 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.101875 OF 2025 (EXCISE) C/W. WRIT PETITION NO.101502 OF 2025 (EXCISE) IN WP NO.101875 OF 2025 BETWEEN: AJIT S/O. DEVAPPA HUKKERI, AGE: 28 YEARS, OCC: DRIVER, R/O. KUDACHI TQ. RAIBAG, DIST. BELAGAVI, PIN-511311. …PETITIONER (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, BENGALURU-560001. 2. THE COMMISSIONER OF EXCISE, TTMC ‘A’ BLOCK, SHANTINAGAR, BENGALURU-560027. 3. THE DEPUTY COMMISSIONER, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14152 WP No. 101875 of 2025 C/W WP No. 101502 of 2025 BELAGAVI, DISTRICT: BELAGAVI, PIN-590001. 4. THE DEPUTY COMMISSIONER OF EXCISE, BELAGAVI, NORTH DISTRICT CHIKKODI, AT: CHIKKODI, TQ: CHIKKODI, DIST. BELAGAVI, PIN: 591201. 5. THE DEPUTY SUPERINTENDENT OF EXCISE, ATHANI, SUB DIVISION, ATHANI, AT: ATHANI, TQ. ATHANI, DIST. BELAGAVI-591304. 6. THE INSPECTOR OF EXCISE, RAIBAG RANGE, RAIBAG, AT: RAIBAG TQ. RAIBAG, DIST. BELAGAVI-591317. 7. M/S. RATNA ENTERPRISES, REPRESENTED BY ITS PARTNER, SUDHAKAR S/O. CHANDRAKANT SALIYAN, NO.1691, KUDACHI (RURAL), TALUK: RAIBAG, DIST: BELAGAVI-591317. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R6; SRI. SADIQ N. GOODWALA, ADV. FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 5/3/2025 IN NO.ES 2024092369/CL-7/BELAGAVI NORTH/2024-2025 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-P AND ISSUE ANY OTHER ORDER DIRECTIONS - 3 - HC-KAR NC: 2025:KHC-D:14152 WP No. 101875 of 2025 C/W WP No. 101502 of 2025 DIRECTING THE RESPONDENTS TO PLACE ENTIRE RECORDS/PROCEEDINGS PERTAINING TO ANNEXURE-P BEFORE THIS HON’BLE COURT FORTHWITH AND ETC. IN WP NO. 101502 OF 2025 BETWEEN: AJIT S/O. DEVAPPA HUKKERI, AGE: 28 YEARS, OCC: DRIVER, R/O. KUDACHI, TQ. RAIBAG, DIST. BELAGAVI, PIN-511311. …PETITIONER (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, BENGALURU-560001. 2. THE COMMISSIONER OF EXCISE, TTMC ‘A’ BLOCK, SHANTINAGAR, BENGALURU-560027. 3. THE DEPUTY COMMISSIONER, BELAGAVI, DISTRICT: BELAGAVI, PIN-590001. 4. THE DEPUTY COMMISSIONER OF EXCISE, BELAGAVI, NORTH DISTRICT CHIKKODI, AT: CHIKKODI, TQ: CHIKKODI, DIST. BELAGAVI, PIN: 591201. - 4 - HC-KAR NC: 2025:KHC-D:14152 WP No. 101875 of 2025 C/W WP No. 101502 of 2025 5. THE DEPUTY SUPERINTENDENT OF EXCISE, ATHANI, SUB DIVISION, ATHANI, AT: ATHANI, TQ. ATHANI, DIST. BELAGAVI-591304. 6. THE INSPECTOR OF EXCISE, RAIBAG RANGE, RAIBAG, AT: RAIBAG, TQ. RAIBAG, DIST. BELAGAVI, PIN-591317. 7. M/S. RATNA ENTERPRISES, REPRESENTED BY ITS PARTNER, SUDHAKAR S/O. CHANDRAKANT SALIYAN, NO.1691, KUDACHI (RURAL), TALUK: RAIBAG, DIST: BELAGAVI-591304. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R6; SRI. SADIQ N. GOODWALA, ADV. FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO 6 NOT TO ISSUE CL-7 LICENSE TO THE 7TH RESPONDENT ON THE RESIDENTIAL PROPERTY NO.1691/2 EITHER IN GRAM PANCHAYAT AREA OR IN TMC KUDACHI ARE BY CONSIDERING THE OBJECTION DATED 15/2/2025 VIDE ANNEXURE-J AND LETTER DATED 7/2/2025 ISSUED BY THE TOWN MUNICIPAL COUNCIL KUDACHI VIDE ANNEXURE-K AND ETC. THESE PETITIONS, COMING ON FOR HEARING ON IA, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:14152 WP No. 101875 of 2025 C/W WP No. 101502 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. The Writ Petition No.101875/2025 is filed assailing the order dated 05.03.2025 marked at Annexure-P issued by respondent No.2. The order at Annexure-P issued by respondent No.2 is the prior approval in favour of respondent No.7 for the excise year 2024-2025. The said prior approval is subject to respondent No.7 fulfilling the 26 conditions enumerated therein. This approval is called as ‘CL7’. 2. Learned counsel the petitioner would submit that earlier to this order, the petitioner had filed a writ petition in W.P.No.105916/2024, seeking writ of mandamus against the respondent-authorities to consider his representation. The said writ petition is disposed of vide order dated 21.10.2024, directing the respondent- authorities to consider the representation in accordance with law. - 6 - HC-KAR NC: 2025:KHC-D:14152 WP No. 101875 of 2025 C/W WP No. 101502 of 2025 3. The present petition is filed on the premise that impugned CL license at Annexure-P is issued without considering the petitioner's contention. 4. Learned Additional Government Advocate appearing for respondents No.1 to 5, would urge that representation is considered and endorsement is issued in Annexure-G. 5. The contention that the representation is not yet considered cannot be accepted, as Annexure-G is the reply to the representation. 6. It is also noticed that in terms of Annexure-P, the prior approval is granted subject to certain conditions. It is for respondent No.7 to comply the conditions. 7. Learned counsel for respondent No.7 would also urge that petitioner is not residing within 500 metres from the place where respondent No.7 is proposing to setup his business. That submission is not disputed by the learned for the petitioner. - 7 - HC-KAR NC: 2025:KHC-D:14152 WP No. 101875 of 2025 C/W WP No. 101502 of 2025 8. This being the position, this Court does not find any cause of action for the petitioner. Accordingly, Writ Petition No.101875/2025 is dismissed. 9. Assuming that there is any violation by respondent No.7, the petitioner may have to file the Public Interest Litigation as the petitioner is not directly affected by the proposed business of respondent No.7, which is said to be commencing, if permission granted at a distance of more than 500 metres from the petitioner's residence. 10. In view of the dismissal of W.P.No.101875/2025, Writ Petition No.101502/2025 does not survive for consideration and accordingly stands dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT-AN List No.: 1 Sl No.: 49