- 1 - NC: 2025:KHC-D:5519 WP No. 101241 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 101241 OF 2025 (EXCISE) BETWEEN: 1. M/S. GURUKRUPA WINES (R) CL-2, LICENSE HOLDER, TMC NO.2069/10, SOUNDATTI TOWN, TQ. SOUNDATTI, DIST. BELAGAVI-591126. (THE PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT), REPRESENTED BY ITS PARTNERS. SRI. BHARAT S/O. TUKARAM KALAL, AGE. 40 YEARS, OCC. BUSINESS, R/O. GULEDGUDDA, DIST. BAGALKOT-587203. 2. SRI. GURUPRASAD S/O. TUKARAM KALAL AGE: 29 YEARS, OCC: BUSINESS, R/O: GULEDGUDDA, DIST. BAGALKOTE-587203. …PETITIONERS (BY SRI. J. S. SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY EXCISE DEPARTMENT, M. S. BUILDING, BENGALURU-01. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5519 WP No. 101241 of 2025 2. THE EXCISE COMMISSIONER DEPARTMENT OF EXCISE, 2ND FLOOR, TTMC BUILDING, ‘A’ BLOCK, BMTC, SHANTINAGAR, BENGALURU-560027. 3. THE DEPUTY COMMISSIONER OF EXCISE (BELAGAVI-SOUTH) DISTRICT BELAGAVI-590001. 4. THE DEPUTY SUPRETINDENT OF EXCISE RAMDURGA SUB -DIVISION, RAMDURGA-591123. 5. THE EXCISE INSPECTOR SOUNDATTI RANGE, SAVADATTI, DIST. BELAGAVI-591126. …RESPONDENTS (BY SRI. P.N.HATTI, HCGP FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO: A) ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER NO. ES202512064/17A BELAGAVI-SOUTH/2024 DATED 30.01.2025 PASSED BY THE 2ND RESPONDENT, THE COPY OF WHICH HAVE BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A, AND ALSO THE ENDORSEMENT NO. BCE/BGM(DA)/SDT/CL/2/17(A)/ 0402010260/2024-25 DATED 3.2.2025 ISSUED BY THE 3RD RESPONDENT DEPUTY COMMISSIONERS OF EXCISE, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-B. B) FURTHER DIRECTION MAY KINDLY BE ISSUED TO THE RESPONDENT AUTHORITIES, TO MAKE NECESSARY ENDORSEMENT IN THE CL 2 LICENSE PRODUCED HEREWITH AT ANNEXURE-C, ISSUED IN FAVOUR OF THE PETITIONER FIRM ABOUT THE DEATH OF THE ONE OF THE PARTNER NAMELY TUKARAM KALAL AND THE FACT OF FACT OF SUCCEEDING OF HIS SHARE BY THE SECOND PETITIONER GURUPRASAD T KALAL, UNDER THE PROVISIONS OF THE RULE 17A OF THE KARNATAKA EXCISE LICENSES (GENERAL CONDITIONS) RULES AND SUCH OTHER RELIEFS. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:5519 WP No. 101241 of 2025 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. The petitioners have approached this Court seeking issuance of writ in the nature of certiorari to quash the order dated 31.01.2025, passed by Respondent No.2, the Excise Commissioner, Department of Excise, produced as per Annexure-A; the endorsement dated 03.02.2025, issued by Respondent No.3, the Deputy Commissioner of Excise, produced as per Annexure-B; and to issue a direction to the respondents to make necessary endorsements in CL-2 license, produced as per Annexure- C, in favor of the petitioners. 2. Heard Sri.J.S. Shetty, learned counsel for the petitioners and Sri. P. N. Hatti, learned HCGP, for the respondents. Perused the materials on record. 3. Learned HCGP, during the course of his arguments, submitted that the Excise Commissioner has passed an order dated 21.03.2025. Pursuant to the same, the impugned orders at Annexures ‘A’ and ‘B’, lose their importance. Therefore, it is his contention that the writ - 4 - NC: 2025:KHC-D:5519 WP No. 101241 of 2025 petition has become infructuous and does not survive for consideration. 4. It is the contention of learned counsel for the petitioners that, the order dated 21.03.2025, a copy of which is produced by the learned HCGP, is in his favor, and he does not propose to challenge the same. However, he contends that the orders as per Annexures ‘A’ and ‘B’ are required to be quashed. 5. When the learned HCGP makes a candid submission that, in view of passing of the order dated 21.03.2025, which is said to be in favor of the petitioners, according to the learned counsel representing the petitioners, I do not find any reason to pass a formal order to set aside Annexures ‘A’ and ‘B’, as admittedly, the subsequent order came into force. 6. In view of the above, the writ petition stands disposed of. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 2 Sl No.: 24