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2025 DAILYLAW 57808 (KAR)

SMT KEMPAMMA v. THE STATE OF KARNATAKA

WP/17621/2024 · 2025-09-08

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35079 WP No. 17621 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 17621 OF 2024 (EXCISE) BETWEEN: SMT KEMPAMMA W/O SINGRI GOWDA, AGED ABOUT 80 YEARS, CL-9,LICENSEE SANKRANTHI BAR AND RESTAURANT, K M DODDI- 571 422 MADDUR TALUK, MANDYA DISTRICT. …PETITIONER (BY SMT. SHILPA.S.GOGI., ADVOCATE - ABSENT) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE EXCISE COMMISSIONER IN KARNATAKA 2ND FLOOR, TTMC A BLOCK, BMTC BUILDING, SHANTINAGAR, BENGALURU-560 027. 3. THE DEPUTY COMMISSIONER OF EXCISE MANDYA DISTRICT, MANDYA- 571 401. 4. THE INSPECTOR OF EXCISE MADDUR RANGE, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35079 WP No. 17621 of 2024 MADDUR-571 428. 5. SMT SHRUTHI B D/O LATE BETTAIAH, W/O NAVEEN KUMAR R AGED ABOUT 27 YEARS, R/AT AT K.M DODDI, C A KERE HOBLI, MADDUR TALUK, NOW R/AT 3RD MAIN, 4TH CROSS, NEAR GANAPATHI TEMPLE, SANTHI NAGAR, TUMKUR-572102. 6. SMT KALYANI D/O LATE BETTAIAH, W/O S NANDEESH, AGED ABOUT 25 YEARS, R/AT AT K M DODDI, C.A KERE HOBLI, MADDUR TALUK, NOW R/AT C/O CHITTUR REDDY, NO. 22, ANNAIAN REDDY LAYOUT, 10TH MAIN ROAD, 100 FEET ROAD, BASAVANAGUDI, BANGALORE- 560 043. 7. THE DEPOT MANGER KARNATAKA STAET BEVERAGES CORPORATION LTD INDAVALU, MANDYA TALUK, MANDYA DISTRICT- 571 401. …RESPONDENTS (BY SRI. B.N.SHETTY, ADVOCATE FOR R5 AND R6; SRI. BHOJEGOWDA T KOLLER, AGA; SRI. MADHU N RAO ADVOCATE FOR R7) - 3 - HC-KAR NC: 2025:KHC:35079 WP No. 17621 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 04.06.2024 IN NO. EXE/MDY/IML/145/2018-19 AS PER ANNX-R PASSED BY THE R-3 AND CONSEQUENTLY. DIRECT THE R-3 TO PERMIT THE PETITIONER TO APPLY FOR RENEWAL OF THE LICENSE IN FORM CL-9 AS PER ANNX-S IN NO. ES2023070213 DTD. 06.07.2023 AND CONSEQUENTLY RENEW THE SAME FOR THE EXCISE YEAR 2024-25. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Writ Petition is filed for following reliefs : a) Issue a writ of Certiorari or any other writ, order or direction, quashing the Order dt.04.06.2024 in No.EXE/MDY/IML/145/2018-19 as per Annexure-R passed by the Respondent No.3 and consequently; b) Issue a writ of mandamus or any other writ, order or direction, directing the Respondent No. 3 to permit the Petitioner to apply for renewal of the License in Form CL-9 as per Annexure-S in No.ES2023070213 dt. 06.07.2023 and consequently renew the same for the Excise Year 2024-25. c) Issue a writ of mandamus or any other writ, order or direction, directing the Respondent No. 7 to uninterruptedly supply the required Indian made Liquor to the Petitioner in the event of renewal of the License in Form CL-9 by the Respondent No. 3 as sought for by the Petitioner. - 4 - HC-KAR NC: 2025:KHC:35079 WP No. 17621 of 2024 2. None appears for petitioner. 3. Heard learned A.G.A. for respondents no.1 to 4, Sri B.N.Shetty, learned counsel for respondents no.5 and 6 and Sri Madhu N. Rao, learned counsel for respondent no.7. 4. Learned counsel for respondents no.5 and 6 had on previous date submitted that petition had rendered infructuous due to non-renewal of Excise License since two years. 5. A Memo is filed to said effect today. 6. As directed on previous date, learned A.G.A. secured instructions and submits that license had not been renewed for the years 2024-25 and 2025-26. It is submitted that despite interim order dated 04.07.2024 in this Writ Petition, application for renewal was not filed by petitioner and there is no renewal of license. 7. In view of above, Writ Petition is dismissed as having become infructuous. Sd/- (RAVI V HOSMANI) JUDGE HNM, List No.: 1 Sl No.: 15