- 1 - NC: 2025:KHC-D:6946-DB WA No. 100237 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH 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. 100237 OF 2025 (EXCISE) BETWEEN: SATHWIK MANTHAGOND S/O MALLIKARJUN MANTHAGOND AGED ABOUT 36 YEARS, OPP. NEELAKANATHESHWAR TEMPLE, GANGAWATI, KOPPAL DISTRICT-583227. …APPELLANT (BY SMT. SUDHA D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE EXCISE COMMISSIONER IN KARNATAKA 2ND FLOOR, TTMC, ‘A’ BLOCK, BMTC BUILDING, SHANTINAGAR, BENGALURU-560027. 3. THE DEPUTY COMMISSIONER OF EXCISE KOPPAL DISTRICT, KOPPAL-583231. 4. THE INSPECTOR OF EXCISE GANGAVATHI RANGE, GANGAVATHI, KOPPAL DISTRICT KOPPAL-583227. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R4) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6946-DB WA No. 100237 of 2025 THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND ORDER DATED 17.02.2025 PASSED BY THE HON’BLE SINGLE JUDGE IN W.P.NO.101094/2024 (EXCISE) AND CONSEQUENTLY ALLOW THE SAID WRIT PETITION TO MEET THE ENDS OF JUSTICE. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, 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 S G PANDIT) Heard learned senior counsel Sri.G.K.Bhat for Smt.Sudha.D., learned counsel for appellant and learned Additional Government Advocate Sri.V.S.Kalasurmath for respondent Nos.1 to 4. Perused the writ appeal papers. 2. This writ appeal filed under Section 4 of the Karnataka High Court Act, 1961 is directed against the order dated 17.02.2025 In W.P.No.101094/2025 whereunder the petitioner’s writ petition seeking writ of certiorari to quash communication dated 24.01.2025 bearing No.EXE/IML/Sa.Sta/01/2024-25/799/A by the Inspector of Excise, Gangavathi Range, Koppal District - 3 - NC: 2025:KHC-D:6946-DB WA No. 100237 of 2025 (Annexure-H) and the prayer for a writ of mandamus directing the respondent No.3 – competent authority to consider application dated 25.11.2024 (Annexure-C), is rejected. 3. Learned senior counsel Sri.G.K.Bhat would submit that as on the date of filing application for shifting, the petitioner had fulfilled all the criteria prescribed under Rule 5 of the Karnataka Excise Licenses (General Conditions) Rules, 1967 (for short, ‘1967 Rules’). He submits that subsequent to filing of the application for shifting, the rival claimant got opened the median in front of the premises. In the said process, hospital became within 100 meters and beyond 50 meters from the proposed premises where the petitioner intended to shift. 4. Learned senior counsel would fairly submit that an application under Rule 5 of 1967 Rules seeking relaxation has been filed on 15.04.2025. If the petitioner has already filed application under Rule 5 of 1967 Rules, it is for the appellant to pursue the said application. - 4 - NC: 2025:KHC-D:6946-DB WA No. 100237 of 2025 5. Learned Additional Government Advocate would submit that if the petitioner has filed application under Rule 5 of 1967 Rules, the same would be considered as early as possible, in accordance with law. 6. In view of the above, the present writ appeal stands disposed of with a direction to respondent Nos.2 and 3 to consider the application of the petitioner said to have been filed under Rule 5 of 1967 Rules in accordance with law, within 15 days from today and communicate the decision thereon to the petitioner. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE NC LIST NO.: 1 SL NO.: 8