- 1 - NC: 2025:KHC-D:4949-DB WA No. 100178 of 2021 C/W WA No. 100203 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100178 OF 2021 (EXCISE) C/W WRIT APPEAL NO.100203 OF 2021 IN WA NO.100178 OF 2021: BETWEEN: SHRI. RAJU S/O. RAMACHANDRA TIKUTE AGE: 44 YEARS, OCC: AGRICULTURE, R/O. GALATAGA, TALUK: NIPPANI, DIST: BELAGAVI. …APPELLANT (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, M.S.BUILDING, BENGALURU- 560001. 2. THE COMMISSIONER FOR EXCISE 2ND FLOOR, TTMC BUILDING, A BLOCK, BMTC, SHANTINAGAR, BENGALURU-560002. 3. THE DEPUTY COMMISSIONER BELAGAVI, DIST: BELAGAVI. 4. THE DEPUTY COMMISSIONER (EXCISE) BELAGAVI NORTH DISTRICT, H Q CHIKODI, SAI PLAZA NIPPANI ROAD, CHIKKODI, TALUK: CHIKODI, DIST: BELAGAVI. 5. THE DEPUTY SUPERINTENDENT OF EXCISE Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.21 15:17:45 +0530 - 2 - NC: 2025:KHC-D:4949-DB WA No. 100178 of 2021 C/W WA No. 100203 of 2021 CHIKODI SUB-DIVISION, CHIKKODI, DISTRICT: BELAGAVI. 6. INSPECTOR OF EXCISE CHIKKODI RANGE, CHIKKODI, TALUK: CHIKKODI, DISTRICT: BELAGAVI. 7. THE MYSORE SALES INTERNATIONAL LTD MSIL HOUSE NO.36, CUNNINGAM ROAD, BANGALURU-560052, BY ITS MANAGING DIRECTOR. 8. THE DISTRICT LIAISON OFFICER MYSORE SALES INTERNATIONAL LTD, BELAGAVI, DISTRICT BELAGAVI-590001. 9. SHRI. MALLAPPA S/O. SIDRAM PISTURE AGE: 48 YEARS, OCC: AGRICULTURE, R/O. GALATAGA, TALUK: NIPPANI, DIST: BELAGAVI-590001. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR R1 TO R6; SRI. MRUTYUNJAYA S.HALLIKERI, ADV. FOR R7; NOTICE TO R8 AND R9 ARE SERVED) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, CALL FOR RECORDS AND TO SET ASIDE THE ORDER DATED 15.06.2021 IN WP NO.147875/2020 PASSED BY THE LEARNED SINGLE JUDGE BY ALLOWING THIS WRIT APPEAL AND TO ALLOW THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. IN WA NO.100203 OF 2021: BETWEEN: HULIGEMMA WINES NO.13, ALAWANDI VILLAGE, TQ: KOPPAL, DIST: KOPPAL, BY ITS PROPRIETOR, SHEKHAR S/O. ISHWARAPPA HANGAL, AGE: 60 YEARS. …APPELLANT (BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA - 3 - NC: 2025:KHC-D:4949-DB WA No. 100178 of 2021 C/W WA No. 100203 of 2021 REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, M.S.BUILDING, BENGALURU-560001. 2. THE COMMISSIONER FOR EXCISE 2ND FLOOR, TTMC BUILDING, A BLOCK, BMTC, SHANTINAGAR, BENGALURU-560002. 3. THE DEPUTY COMMISIONER KOPPAL DIST: KOPPAL-582114. 4. THE DEPUTY COMMISSIONER (EXCISE) KOPPAL DIST: KOPPAL, DIST: KOPPAL-582114. 5. THE INSPECTOR OF EXCISE KOPPAL DIST: KOPPAL-582114. 6. THE MYSORE SALES INGERNATIONAL LTD. MSIL HOUSE, 36 CUNNINGHAM ROAD, BENGALURU-560052, BY ITS MANAGING DIRECTOR. 7. SMT. UMA W/O. BASAVARAJ KARKIHALLI AGE: 38 YEARS, OCC: HOUSE HOLD WORK, R/O. PLOT NO.13, ALAVANDI, TALUK: KOPPAL, DIST: KOPPAL-582114. …RESPONDENTS (BY SRI. SRI.V.S.KALASURMATH, AGA FOR R1 TO R5; SRI. MRUTYUNJAYA S.HALLIKERI, ADV. FOR R6; SMT. NIRMALA B.G., ADV. FOR R7) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, CALL FOR RECORDS AND TO SET ASIDE THE ORDER DATED 27.07.2021 IN WRIT PETITION NO.148050/2020 PASSED BY THE LEARNED SINGLE JUDGE BY ALLOWING THIS WRIT APPEAL AND TO ALLOW THE WRIT PETITION IN ITS ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ADMISSION, 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 - 4 - NC: 2025:KHC-D:4949-DB WA No. 100178 of 2021 C/W WA No. 100203 of 2021 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned counsel Sri Shivaraj P.Mudhol, appearing for the appellants would submit that due to lapse of time, the present appeals would no more survive for consideration. Submission of learned counsel is placed on record. The writ appeals are dismissed as having become infructuous. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE AM Ct:vh List No.: 1 Sl No.: 0