- 1 - HC-KAR NC: 2025:KHC:34504 WP No. 8095 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 8095 OF 2018 (GM-RES) BETWEEN: C.V. RAJAPPA AGED ABOUT 68 YEARS, S/O. LATE VABEGOWDA, R/O. B.M. ROAD, BEHIND SBM, CHANNARAYAPATNA, HASSAN DISTRICT-573116. …PETITIONER (BY SRI. RAVI L VAIDYA, ADVOCATE (TRHOUGH VC)) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, VIKASA SOUDHA, BANGALORE-01. 2. THE COMMISSIONER OF EXCISE 2ND FLOOR, TTMC, "A" BLOCK, BMTC BUILDING, SHANTHINAGARA, BENGALURU-560 027. 3. THE DEPUTY COMMISSIONER OF EXCISE CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU-577 101. 4. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN-573 201. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34504 WP No. 8095 of 2018 5. THE TAHASHILDAR CHANNARAYAPATTANA TALUK, CHANNARAYAPATTANA, HASSAN DISTRICT-573 116. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER/NOTICE IN FORM NO.37 DATED 16.12.2017 BEARING NO.SAALA/EX05/97-98 AT ANNEXURE-Q ISSUED BY THE 5TH RESPONDENT 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 R. NATARAJ ORAL ORDER The petitioner has challenged an order / notice in Form No.37 bearing No.¸Á® E.JPïì05/97-98 dated 16.12.2017 issued by the respondent No.5. He has also sought for a writ in the nature of certiorari to quash the order bearing No. EJPïìE:EJPïìJ¸ï:2-1:85-86 dated 12.05.1988 issued by the respondent No.3. 2. This writ petition arises out of a demand for arrears of excise dues payable by one Sri H.S. Fakeerappa, who was awarded a tender during 1985-86 to supply and sell arrack in Chikkamagaluru District. The petitioner herein had allegedly - 3 - HC-KAR NC: 2025:KHC:34504 WP No. 8095 of 2018 guaranteed the payment of the excise dues of Sri H.S. Fakeerappa. 3. Learned Additional Government Advocate has filed a memo and enclosed therewith an order / communication addressed by the respondent No.3 - Deputy Commissioner of Excise, Chikkamagaluru, indicating that by waiving the interest of Rs.83,70,691/-, the dues of Sri H.S. Fakeerappa is paid under the Karasamadhana Scheme-5, by Smt. H.S. Uma Devi, who is said to be the daughter-in-law of Sri H.S. Fakeerappa. Therefore, learned Additional Government Advocate submits that as of now, there are no dues payable and hence, the impugned orders do not warrant any interference. 4. The memo is taken on record. 5. In view of the above, this writ petition has become infructuous and it is dismissed as such. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 39