- 1 - HC-KAR NC: 2025:KHC:35444 WP No. 22172 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 22172 OF 2023 (EXCISE) BETWEEN: 1. SRI C. S. PHANICHANDRA, S/O C.S. SATYANARAYANA SHETTY, AGED ABOUT 44 YEARS, R/AT NO.1203, 3RD MAIN ROAD, DOOMLIGHT CIRCLE, KOLAR TOWN, KOLAR DISTRICT - 563 101. 2. SRI NAGESH KUMAR K.N., S/O K. NAGARAJ SHETTY, AGED ABOUT 50 YEARS, R/AT 11TH CROSS, KARANJIKATTE, KOLAR TOWN, KOLAR DISTRICT - 563 101. 3. SRI SATYANANDA, S/O B.T. KRISHNAIAH SHETTY, AGED ABOUT 42 YEARS, R/AT 1473, MARUTHI NILAYA, PALYA KOLAT TOWN, KOLAR DISTRICT - 563 101. 4. SRI ASHOKA G., S/O GOPALA B.V., AGED ABOUT 45 YEARS, R/AT NO.1162, GOKUL COLLEGE ROAD, CHAMUNDESHWARI NAGARA, KOLAR TOWN, KOLAR DISTRICT - 563 101. &PETITIONERS (BY SRI NAVEEN J N., ADVOCATE-[ABSENT]) Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35444 WP No. 22172 of 2023 AND: 1. THE COMMISSIONER, EXCISE DEPARTMENT, N.R. SQUARE, HUDSON CIRCLE, BANGALORE-560001. 2. THE EXCISE COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, EXCISE OFFICE, NEAR OLD D.C. OFFICE, KOLAR TOWN, KOLAR DISTRICT - 563 101. 3. THE EXCISE INSPECTOR, KOLAR CIRCLE, KOLAR TALUK, KOLAR DISTRICT-563101. 4. THE CITY MUNICIPAL DISTRICT, KOLAR, KOLAR DISTRICT - 563 101, REP BY ITS COMMISSIONER. 5. SMT. CHOODAMANI W/O KESHAVAMURTHY, AGED ABOUT 48 YEARS, R/AT 248, 7TH MAIN, 4TH CROSS, KSRTC LAYOUT, NEAR RAGIGUDDA TEMPLE, J.P.NAGAR, BANGALORE - 560 078. &RESPONDENTS [BY SRI SHAMANTH NAIK, AGA FOR R1 TO R3; SRI VASANTH V. FERNANDES, ADVOCATE FOR SMT. M. VEENA KUMARI, ADVOCATE FOR R4; R5 - SERVED] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN THE R1 AND R2 FROM GRANTING PERMISSION TO SHIFT THE CL-2 LICENSE OF THE R5 TO THE PROPERTY BEARING ASSESSMENT NO.21/1, NEW KHATHA NO.20/1, OLD ASSESSMENT NO.2137/2138/1, KHATHA NO.1984/1985/1, DOOR NO.3088/1, WARD NO.23, 2ND DIVISION, - 3 - HC-KAR NC: 2025:KHC:35444 WP No. 22172 of 2023 BRAHMANARA BEEDI, M B ROAD, KOLAR CITY, KOLAR DISTRICT BY CONSIDERING THE REPRESENTATION DATED 03.04.2023 MARKED AT ANNEXURE-B TO THE WRIT PETITION AND ETC., THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER None appears for petitioners yet again. 2. Learned AGA for respondents no.1 to 3 and learned counsel for respondent no.4 are present. 3. Learned AGA would submit that during pendency of this writ petition, Deputy Commissioner of Excise, Kolar, with concurrence of respondent no.1 passed order dated 07.03.2024 permitting transfer of CL-2 licence of respondent no.5 to premises bearing Property no.6-1-3-213/A2, Old no.268/278, Assessment no.268/78, Document no.1993792 situated in Block no.1, Bangarpete Main Road, T-3 213/A2, Masthi Layout, Kolar Town. Therefore, relief sought in this writ petition by petitioner against shifting of licence of respondent no.5 to premises in question is rendered infructuous. - 4 - HC-KAR NC: 2025:KHC:35444 WP No. 22172 of 2023 4. On perusal of order dated 05.06.2024 passed by Deputy Commissioner of Excise, Kolar, and on comparing same with address mentioned in prayer, I find substance in submission of learned AGA. In view of above, writ petition is dismissed as having become infructuous. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 34