- 1 - HC-KAR NC: 2025:KHC:39070 WP No. 20757 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20757 OF 2025 (GM-POLICE) BETWEEN: SRI. V.MOHAN RAO, S/O. NAGESH RAO, AGE ABOUT 62 YEARS R/AT SY. NO 123/1, KHATA NO 297, D.R. NO 259, MARTHUR GRAMA PANCHAYATH, ALALLI SHIRUR GRAMA, SAGARA TALUK, SHIMOGA - 577401. …PETITIONER (BY SRI. G.K. BHAT., SENIOR ADVOCATE FOR SMT. SUDHA D.,ADVOCATE) AND: 1. DEPUTY SUPERINTENDENT OF POLICE SAGARA TALUK, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39070 WP No. 20757 of 2025 SHIMOGA DISTRICT - 577104. 2. INSPECTOR SAGARA RURAL POLICE STATION, SHIMOGGA DISTRICT - 577401. 3. ASSISTANT COMMISSIONER SAGAR TALUK, TALAGUPPA HOBLI, SHIRROR GRAMA, SHIMOGGA DISTRICT - 577401. 4. THE DEPUTY COMMISSIONER OF EXCISE SHIMOGGA DISTRICT SHIMOGGA - 577401. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE RESPONDENTS NO. 1 TO 3 TO PERMIT THE PETITIONER TO CARRY ON THE BUSINESS WITHOUT ANY INTERFERENCE FROM ANY KIND OF OBSTRUCTIONS. B) DIRECTION TO THE RESPONDENTS HEREIN NOT TO DISTURB RUNNING OF THE BUSINESS AND ALLOW THE PETITIONER TO OPEN THE SHOP AS PER EARLIER DIRECTIONS ISSUED BEFORE THIS COURT. - 3 - HC-KAR NC: 2025:KHC:39070 WP No. 20757 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who has the benefit of a CL-9 License issued by the concerned from the Excise Department, has sought for directions to the respondents, more specifically the first and the second respondents to permit him to carry on the business without any obstruction. This Court, on 15.09.2025, has recorded the State's response thus while calling for a report from the Superintendent of Police, Shivamogga. "Ms.K.P.Yashodha, the learned Additional Government Advocate, has placed on record two reports dated 26.08.2025 and 15.09.2025. The report dated 26.08.2025 is by the Station House Officer, Sagara Rural Police Station and the other report dated 15.09.2025 is by the Deputy Excise Commissioner, Shivamogga. The Deputy Commissioner - 4 - HC-KAR NC: 2025:KHC:39070 WP No. 20757 of 2025 [Excise] has reported that the petitioner must operate its CL-9 licence as it is not within any prohibited area in terms of Karnataka Excise Licences [General Conditions] Rules, 1967, but the Station House Officer has adverted to opposition by more than 100 persons leading to a law and order situation as also stating that the opposition is because of the ladies from Shiruru-Aalalli villages. The Station House Officer has also referred to the existence of a Government School and a residential accommodation for girls [Dr.Ambedkar Residential School] outside the prohibited area but are in the closer proximity of the premises. Sri G.K. Bhat, the learned Senior Counsel for the petitioner, submits that the Excise Act and the Rules thereunder contain a complete code and once the authorities under this Act/the Rules are issued license, these police authorities cannot cite reasons to obstruct. There could be force in these submissions, this Court is of the view that, but before they are considered, the Superintendent of Police, Shivamogga should place on record a detailed report on consultation with the Deputy Commissioner on the reasons assigned by the jurisdictional Station House Officer and place such report with this Court by the next date of hearing." Presently, the Superintendent of Police, Shivamogga District has filed a report, which in its concluding paragraph, reads as under: - 5 - HC-KAR NC: 2025:KHC:39070 WP No. 20757 of 2025 ¥ÀzÁäªÀw ¨Ágï & gɸÉÆÖÃgÉAmï vÉgÉzÁV¤AzÀ ªÉÄîÌAqÀ J¯Áè CA±ÀUÀ¼À£ÀÄß £Á£ÀÄ ¸ÀºÀ ¥Àj²Ã¹gÀÄvÉãÉ. PÁ®PÁ®PÉÌ UÁæªÀĸÀÜgÀÄ ªÀÄvÀÄÛ ¸ÁªÀðd¤PÀgÀÄ £ÀqɸÀÄwÛgÀĪÀ ¥Àæw¨sÀl£ÉUÀ¼ÀÄ ªÀÄvÀÄÛ zÁR¯ÁVgÀĪÀ ¥ÀæPÀgÀtUÀ¼ÀÄ J®èªÀÇ £À£Àß UÀªÀÄ£ÀPÉÌ §A¢gÀÄvÀÛzÉ. ¸ÁªÀðd¤PÀgÀ D¹Û¥Á¹ÛUÉ £ÀµÀÖªÀÅAmÁUÀzÀAvÉ ºÁUÀÄ ¥Áæt ºÁ¤AiÀiÁUÀzÀAvÉ £ÉÆÃrPÉƼÀÄîªÀÅzÀÄ ¥ÉÆð¸ï E¯ÁSÉAiÀÄ DzÀå PÀvÀðªÀå ºÁUÀÄ dªÁ¨ÁÝjAiÀiÁVgÀĪÀÅzÀjAzÀ ªÉÄð£ÀAvÉ UËgÀªÁ¤évÀ GZÀÒ £ÁåAiÀÄ®AiÀÄzÀ CªÀUÁºÀ£ÉUÉ vÀgÀ®Ä F ªÀgÀ¢AiÀÄ£ÀÄß ¤ªÉâ¤PÉÆArgÀÄvÉãÉ. Mr.G.K. Bhat, the learned Senior Counsel for the petitioner, and Ms.K.P.Yashodha, the learned Additional Government Advocate, are heard. This Court must observe that the report now filed is an acknowledgment of the responsibility of the State Police to ensure that there is law and order even if the license is operated, and therefore, the petition must stand disposed of calling upon the first and the second respondents to take all such measures as would be necessary to ensure that the petitioner operates the license while stipulating that the petitioner shall ensure that every measure is taken in the light of the facilities that are in and around the - 6 - HC-KAR NC: 2025:KHC:39070 WP No. 20757 of 2025 premises observing that the authorities must act if there is any cause for disturbance. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr