- 1 - NC: 2025:KHC-D:5822-DB WA No.100594 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100594 OF 2024 (EXCISE) BETWEEN: M/S SANGAM GROUPS, A PARTNERSHIP FIRM, SY. NO.499/1/2, KANABARGI ROAD, BELAGAVI, R/BY ITS PARTNER: BAPUGOUDA S/O SHIVANAGOUDA PATIL, AGE. 56 YEARS, OCC. BUSINESS, R/O. PLOT NO.11, R.S. NO.666/1, CTS NO.7195/11, RAMTEERTH NAGAR, LAKE GARDEN ROAD, KANABARGI, BELAGAVI 590016. …APPELLANT (BY SRI. SHRIPAD JOSHI, ADVOCATE FOR SRI. RAVIRAJ C. PATIL, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OF EXCISE, BELAGAVI SOUTH DISTRICT, BELAGAVI. 2. THE EXCISE COMMISSIONER KARNATAKA, NGO COLONY, WILSON GARDEN, BENGALURU 560027. …RESPONDENTS (BY SRI. GANGADHAR J.M., AAG FOR SRI. V.S. KALASURMATH, AGA FOR RESPONDENTS) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5822-DB WA No.100594 of 2024 THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ON THE BASIS OF THE GROUNDS URGED HEREIN AND ON THE GROUNDS WHICH WOULD BE URGED DURING ARGUMENTS, THIS HON’BLE COURT BE PLEASED TO CALL FOR RECORDS IN W.P.105540/2023 (EXCISE) AND ALLOW THIS APPEAL AND SET ASIDE THE ORDER PASSED BY THE LD. SINGLE JUDGE IN W.P. 105540/2023 (EXCISE) VIDE ORDER DATED 28/11/2024 & ETC., THIS WRIT APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present intra-court appeal is filed under Section 4 of the Karnataka High Court, 1961, calling in question the order dated 28.11.2024 passed in W.P. No.105540/2023, wherein the learned Single Judge had dismissed the writ petition filed by the appellant. 2. The appellant had filed the writ petition calling in question the order dated 16.06.2023 passed by the Deputy Commissioner of Excise, Belagavi, and the order dated 30.08.2023 passed in Appeal No.ECS/23/APP/2023 by the Excise Commissioner. By order dated 16.06.2023, the Deputy Commissioner of Excise had directed the petitioner, who was the holder of CL-2 Licence and running a liquor shop under the - 3 - NC: 2025:KHC-D:5822-DB WA No.100594 of 2024 name and style “M/s. Sangam Groups”, situated at Survey No.499/1/2, Kanabargi Road, Belagavi, to shift the said licence, which order was affirmed by the Excise Commissioner/Appellate Authority in the appeal filed by the appellant. 3. Although it is the vehement contention raised by the appellant both before the learned Single Judge as well as before this Court, that having regard to the third proviso to Rule 5(2) of the Karnataka Excise (General Conditions of Licenses) Rules, 19671, that the said proviso having been subsequently inserted with effect from 19.05.2017, the appellant is entitled to continue CL-2 License, it is noticed that the first proviso to Rule 5(2) of the General Condition Rules entitles the Deputy Commissioner, with the prior approval of the Excise Commissioner, and for the reasons to be recorded in writing, to permit the location of any shop within 100 meters but not less than 50 mteres from an institution, hospital, office or locality specified in sub-rule (1). 4. It is the contention of the appellant that the place where the appellant’s license is situated is at a distance of 87 1 Hereinafter referred to as ‘General Condition Rules’ - 4 - NC: 2025:KHC-D:5822-DB WA No.100594 of 2024 metres from the Government Moulana Azad Medium English School and 56 metres from the Office of the District Officer, Minority Welfare Department. 5. Sri. Gangadhar J.M., learned Additional Advocate General, submits that the appellant had not made a request as contemplated under the first proviso to Rule 5(2) of the General Condition Rules and hence, the aspect of relaxation of distance has not been considered. 6. The learned Single Judge has dismissed the writ petition and refused to interfere with the orders impugned in the writ petition. The appellant has failed to make out any ground to interfere with the order passed by the learned Single Judge. However, having regard to the factual matrix as notice above, we deem it appropriate to dispose of the above appeal by reserving liberty to the appellant to make a request to the first respondent-Deputy Commissioner of Excise to grant relaxation in terms of the first proviso to Rule 5(2) of the General Condition Rules and if such a request is made the respondents shall consider the same within two weeks thereafter. - 5 - NC: 2025:KHC-D:5822-DB WA No.100594 of 2024 7. The appellant, having regard to the benefit of an interim order granted by the learned Single Judge as well as by this Court in the present appeal, had continued to carry on the business in terms of CL-2 License held by him at the premise in question. In view of the same, the appellant shall be entitled to continue the business in terms of CL-2 License at the premises in question till the order are passed by the respondents pursuant to the request made by him in terms of first proviso to Rule 5(2) of the General Condition Rules. Ordered accordingly. Pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS LIST NO.: 1 SL NO.: 27