- 1 - HC-KAR NC: 2025:KHC:48705 WP No. 1212 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.1212 OF 2025 (EXCISE) BETWEEN: 1. SMT. JAYALAKSHMAMMA AGED ABOUT 52 YEARS, W/O NAGARAJU, R/AT NO.336, 16TH CROSS, MUTTHURAYASWAMY LAYOUT, SUNKADAKATTE, BENGALURU-560 091. 2. SRI H. RANGEGOWDA, S/O HALE RANGAIAH, AGED ABOUT 76 YEARS, R/AT NO.335, 16TH CROSS, MUTTHURAYASWAMY LAYOUT, SUNKADAKATTE, BENGALURU-560 091. &PETITIONERS (BY SRI MAHESHCHANDRA B.N., ADVOCATE FOR SRI KIRAN KUMAR, ADVOCATE) AND: 1. THE COMMISSIONER OF EXCISE, 2ND FLOOR, BMTC COMPLEX, SHANTHINAGAR, BENGALURU-560 027. 2. THE DEPUTY COMMISSIONER OF REVENUE, BENGALURU URBAN DISTRICT, KAVERI BHAVANA, BENGALURU-560 009. 3. THE DEPUTY COMMISSIONER OF EXCISE, (BUD-3), ABAKARI BHAVANA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48705 WP No. 1212 of 2025 OPP. BYATARAYANAPURA POLICE STATION, BENGALURU-560 026. 4. THE DEPUTY SUPERINTEND OF EXCISE, SUB-DIVISION (BUD-5), BENGALURU-560001. 5. THE EXCISE INSPECTOR, ZONE-14, LAGGERE, BENGALURU-560058. 6. SMT. TRIVENI .B AGED ABOUT 34 YEARS, W/O SHYAMSUNDAR, R/AT NO.19/20, KHUSHI NILAYA, 2ND CROSS ROAD, BENGALURAPPA LAYOUT, HEROHALLI, BENGALURU-560 091. &RESPONDENTS (BY SRI RAJ KUMAR M., AGA FOR R-1 TO R-5; SRI ANOOP HARANAHALLI, ADVOCATE FOR R-6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 5 HEREIN NOT TO CONSIDER AND PROCESS ANY APPLICATION GIVEN BY THE 6TH RESPONDENT FOR ISSUANCE OF CL-7 EXCISE LICENSE TO OPEN THE LIQUOR SHOP AT A PREMISE BEARING SITE NO.34, SY.NO.84/10 IN THE NAME AND STYLE <SRI LAKSHMI VENKATESHWARA BOARDING AND LODGING= TILL THE DISPOSAL OF THE LEGAL PROCEEDINGS; VIDE ANNEXURE-E REPRESENTATION DATED 07.01.2025. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:48705 WP No. 1212 of 2025 ORAL ORDER The petitioners seek a writ of mandamus to restrain respondent Nos.1 to 5 from considering or processing any application submitted by respondent No.6 for grant of CL-7 Excise licence in respect of the premises bearing Site No.34, Sy.No.84/10 in the name and style <Sri Lakshmi Venkateshwara Boarding and Lodging=. 2. The petitioners contend that they are residents of the locality, where the proposed liquor shop is intended to be established and that their objections filed having not considered, the petitioners had approached this Court in W.P.No.34658/2024, challenging the trade licence issued to respondent No.6 and seeking consequential reliefs. 3. In the said writ petition, no interim relief was granted. Aggrieved, the petitioners preferred W.A.No.1922/2024. During the pendency of the Writ Appeal, W.P.No.34658/2024 itself came to be dismissed by order dated 01.09.2025, holding that the competent - 4 - HC-KAR NC: 2025:KHC:48705 WP No. 1212 of 2025 authorities had granted license in favour of respondent No.6 after being satisfied that all statutory requirements had been complied with. 4. Taking note of the dismissal of the writ petition, W.A.No.1922/2024 came to be disposed, recording the submission that the petitioners have filed R.P.No.482/2025, seeking review of the final order dated 01.09.2025. The Division Bench clarified that, in the event the review petition succeeds, the petitioners would be at liberty to pursue an appropriate remedy. 5. The present writ petition was filed on 13.01.2025, when the earlier writ petition was still pending adjudication. The petitioners had already invoked the writ jurisdiction on the very same issue, namely the legality of the trade licence and the request to restrain the authorities from considering respondent No.6's liquor licence application. - 5 - HC-KAR NC: 2025:KHC:48705 WP No. 1212 of 2025 6. As on date, W.A.No.1922/2024 stands disposed of and no interim order is in operation staying the trade licence issued to respondent No.6. In the absence of any subsisting stay order and in view of the fact that the earlier adjudication, the very same issue already been decided, no mandamus can now be issued restraining the respondent-authorities from considering or processing respondent No.6's application for a CL-7 licence. Accordingly, the petitioners have not made out any grounds for interference by this Court and the writ petition is dismissed as devoid of the merits. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 45