- 1 - NC: 2025:KHC-D:5316-DB WA No. 100149 of 2021 C/W WA No. 100150 of 2021 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 22ND 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.100149 OF 2021 (EXCISE) C/W WRIT APPEAL NO.100150 OF 2021 IN WRIT APPEAL NO.100149 OF 2021 BETWEEN: MANJUNATH S/O. RAMAYYA ILAGER, AGE. 52 YEARS, OCC. BUSINESS, PROPRIETOR OF SURESH WINES, SAMMASAGI (HALE SAMMASAGI), TQ. HANGAL, DIST. HAVERI-581110. …APPELLANT (BY SRI F.V. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF EXCISE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER FOR EXCISE, 2ND FLOOR, TTMC BUILDING, A BLOCK, BMTC, SHANTINAGAR, BENGALURU-560001. 3. THE DEPUTY COMMISSIONER, HAVERI, TQ. AND DIST. HAVERI-581110. 4. THE DEPUTY COMMISSIONER FOR EXCISE, HAVERI, TQ. AND DIST. HAVERI-581110. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5316-DB WA No. 100149 of 2021 C/W WA No. 100150 of 2021 5. THE MYSORE SALES INTERNATIONAL LIMITED, REP. BY MANAGING DIRECTOR, CUNNINGHAM ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI MRUTUNJAY HALLIKERI, ADVOCATE FOR C/R5; SRI V.S.KALASURMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R4.) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER OF SINGLE JUDGE DATED 15.06.2021 PASSED IN WRIT PETITION NO.106715/2018 IN DISMISSING THE WRIT PETITION, BY ALLOWING THIS WRIT APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. IN WRIT APPEAL NO.100150 OF 2021 BETWEEN: 1. M/S. MAHARAJA WINES, REP. BY ITS PARTNER, SRI. MANOHAR S/O. VENUGOPALAGOUDA, AGED 39 YEARS, OCC. BUSINESS, R/O. VPC 920, MOTEBENNUR, TQ. BYADAGI-581106, DIST. HAVERI. 2. M/S. LOTUS WINE SHOP, AT BELUR, TQ. & DIST. DHARWAD, REP. BY ITS PARTNER, SRI. NARAYAN CHANDRASHEKAR KALAL, AGE. 53 YEARS, OCC. BUSINESS, R/O. LOTUS LAYOUT, DHARWAD, TQ. & DIST. DHARWAD-580007. 3. M/S. GAYATRI LIQUOR SHOP, AT VARUR, TQ. HUBBALLI, DIST. DHARWAD, REP. BY ITS PARTNER SRI. NARAYAN CHANDRASHEKAR KALAL, AGE: 53 YEARS, OCC. BUSINESS, R/O. VPC 227/8/1, VARUR VILLAGE, TQ. HUBBALLI, DIST. DHARWAD-580001. - 3 - NC: 2025:KHC-D:5316-DB WA No. 100149 of 2021 C/W WA No. 100150 of 2021 4. NAGARAJ D. JANNU, AGE: 36 YEARS, OCC. BUSINESS, R/O. CHIKKERUR, TQ. HIREKERUR-581111, DIST. HAVERI. 5. SMT. V.N. KALAL, AGE: 56 YEARS, OCC. BUSINESS, R/O. MEDUR, TQ. HIREKERUR-581111. 6. VENKATESH D.JANNU, AGE: 33 YEARS, OCC. BUSINESS, R/O. HIREKERUR, TQ. HIREKERUR-581111, DIST. HAVERI. 7. KRISHNAJI RAMANNA KALAL, AGE: 74 YEARS, OCC. BUSINESS, R/O. CTS NO.1001 & 1002/A, DOOR NO.3950/28, BYADAGI, TQ. BYADAGI, DIST. HAVERI-581106. 8. ANAND RAMCHANDRA KALAL, AGE. 70 YEARS, OCC. BUSINESS, R/O. VIJAYA NAGAR, HAVERI TOWN, TQ. & DIST. HAVERI-581110. 9. S.R. KALAL, AGE: 60 YEARS, OCC: BUSINESS, R/O: HALAPET, KERUR PROPRIETOR OF GEETA BAR AND RESTAURANT, KERUR, TQ: BADAMI, DIST: BAGALKOTE. 10. SMT. MALATHI H.METI (M.H.METI), AGE: 54 YEARS, OCC: BUSINESS, R/O: KERUR, PROPRIETOR OF MANJULA WINES, KERUR, TQ: BADAMI, DIST: BAGALKOTE-587201. 11. SMT. P.M. PATIL, AGE: 50 YEARS, OCC: BUSINESS, R/O: KERUR, PROPRIETOR OF ANAND BAR AND RESTAURANT, KERUR, TQ: BADAMI, DIST: BAGALKOTE-587201. 12. B.S. BANNUR, AGE: 24 YEARS, OCC: BUSINESS, R/O: KERUR PROPRIETOR OF LAXMI BAR - 4 - NC: 2025:KHC-D:5316-DB WA No. 100149 of 2021 C/W WA No. 100150 of 2021 AND RESTAURANT, KERUR, TQ: BADAMI, BAGALKOTE-587201. 13. SMT. SUVARNA T.PUJAR, AGE: 53 YEARS, OCC: BUSINESS, R/O: KERUR, PROPRIETOR OF PRABHAT WINE CENTRE, KERUR, TQ: BADAMI, BAGALKOTE-587201. 14. SHAMIULLA SHADAGUPPI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: KALLAPUR, TQ: HANGAL, DIST: HAVERI-581110. 15. SHRI SHAILA NINGAPPA SUNKAD, AGE: 37 YEARS, OCC: HOUSEHOLD WORK & COOLIE WORK, R/O: KALLAPUR, TQ: HANGAL, DIST: HAVERI-581110. 16. RENUKA W/O. IRAPPA KORAGAR, AGE: 57 YEARS, OCC: HOUSEHOLD WORK & COOLIE WORK, R/O: KALLAPUR, TQ: HANGAL, DIST: HAVERI-581110. …APPELLANTS (BY SRI F.V. PATIL, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF EXCISE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER FOR EXCISE, 2ND FLOOR, TTMC BUILDING, A BLOCK, BMTC, SHANTINAGAR, BENGALURU-560001. 3. THE DEPUTY COMMISSIONER, HAVERI, TQ. & DIST. HAVERI-581110. 4. THE DEPUTY COMMISSIONER FOR EXCISE, HAVERI, TQ. & DIST. HAVERI-581110. - 5 - NC: 2025:KHC-D:5316-DB WA No. 100149 of 2021 C/W WA No. 100150 of 2021 5. THE MYSORE SALES INTERNATIONAL LIMITED, REP. BY MANAGING DIRECTOR, CUNNIGHAM ROAD, BENGALURU-560001. 6. THE DEPUTY COMMISSIONER, BAGALKOTE, TQ. DIST. BAGALKOTE-587201. 7. THE DEPUTY COMMISSIONER, FOR EXCISE, BAGALKOTE, TQ. DIST. BAGALKOTE-587201. …RESPONDENTS (BY SRI MRUTYUNJAY HALLIKERI, ADVOCATE FOR C/R5; SRI V.S. KALASURMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R4, R6 AND R7.) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER OF THE SINGLE JUDGE DATED 15.06.2021 PASSED IN WRIT PETITION NO.147539/2020 C/W WRIT PETITION NO.146644/2020, WRIT PETITION NO.147315/2020, WRIT PETITION NO.147472/2020, WRIT PETITION NO.147559/2020, WRIT PETITION NO.147962/2020, WRIT PETITION NOS.106956 TO 106960/2018 AND WRIT PETITION NOS.102705-102707/2019 IN DISMISSING THE WRIT PETITIONS BY ALLOWING THIS WRIT APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THESE WRIT APPEALS COMING ON FOR HEARING THIS DAY, ORDER IS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned counsel Sri Nandish Patil, files a memo dated 22.03.2025, which reads as follows: - 6 - NC: 2025:KHC-D:5316-DB WA No. 100149 of 2021 C/W WA No. 100150 of 2021 “MEMO The Appellant begs to submit as under: It is submitted that the cause of action in the above Writ Appeal does not survive for consideration. Hence the above Writ Appeal may kindly be dismissed as withdrawn in the interest of justice and equity.” 2. The memo is placed on record. The writ appeals are dismissed as withdrawn. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE MRK CT: UMD. List No.: 1 Sl No.: 35