- 1 - HC-KAR NC: 2025:KHC:44652-DB WP No. 13795 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 13795 OF 2025 (GM-RES) BETWEEN: 1. SADASHIVANAGAR RESIDENTS WELFARE ASSOCIATION POST BOX NO.8048, SADASHIVANAGAR POST OFFICE, 8TH MAIN, SADASHIVANAGAR, BENGALURU 560 080. REP. BY ITS SECRETARY SRI. VISHAL S. MAKHIJA AADHAR No. 7127 1353 8044 PAN No. AGIPM1361N 2. SADASHIVANAGAR YOUTH ASSOCIATION 15TH CROSS, SADASHIVANAGAR, BANGALORE-560 080 REP. BY ITS PRESIDENT W.P. SHIVAKUMAR AADHAR No.6670 3629 6446 PAN No. AFKPS0725D …PETITIONERS (BY SRI. M.V.VEDACHALA, ADVOCATE) AND: 1. STATE OF KARNATAKA ROOM NO. 320, 3RD FLOOR, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44652-DB WP No. 13795 of 2025 VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001, REP. BY ITS CHIEF SECRETARY 2. THE EXCISE COMMISSIONER NGO COLONY, WILSON GARDEN, BENGALURU, KARNATAKA 560027 3. BRUHAT BENGALURU MAHANAGARA PALIKE, 2ND FLOOR OF THE BBMP HEAD OFFICE BUILDING, NR SQUARE, BENGALURU-560 002, REP. BY ITS COMMISSIONER 4. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU 560000 CHAIRMANS OFFICE: 1ST FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU 56000 5. THE KARNATAKA POLICE DEPARTMENT 2, STATE POLICE HEAD QUARTERS, NRUPATHUNGA ROAD, BANGALORE-560001 6. THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE OF INDIA INTEGRATED REGIONAL OFFICE, KENDRIYA SADAN, 4TH FLOOR, E and F WINGS, 17TH MAIN ROAD, II BLOCK, KORAMANGALA, BANGALORE 560 034 7. THE KARNATAKA FIRE SERVICE DEPARTMENT - 3 - HC-KAR NC: 2025:KHC:44652-DB WP No. 13795 of 2025 1, ANNASWAMY MUDALIAR RD, HERMIT COLONY, SIVANCHETTI GARDENS, BENGALURU, KARNATAKA 560042 8. THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA MAGADI MAIN RD GOVINDARAJA NAGAR WARD, MC LAYOUT, AGRAHARA DASARAHALLI, DASARAHALLI, BENGALURU, KARNATAKA 560040 9. THE DEPARTMENT OF LABOUR BANNERGHATTA RD, BHAVANI NAGAR, HOMBEGOWDA NAGAR, BENGALURU, KARNATAKA 560029 10. EAGLES PERCH PROPERTY NO. 370, 14TH CROSS, 8TH MAIN, SADASHIVANAGAR, BENGALURU 560 080. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R2, R5, R7 & R9 SRI. PRASHANTH S H, ADVOCATE FOR R3 SMT. JYOTHI S.K, ADVOCATE FOR R10 R4 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION TO THE RESPONDENTS AUTHORITIES TO CANCEL THE LICENSE OF THE ESTABLISHMENT OF A BAR AND RESTAURANT (PUB) NAMED EAGLES PERCH AT PROPERTY No-370, 14TH CROSS, 8TH MAIN SADASHIVANAGAR, BANGALORE IMMEDIATELY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:44652-DB WP No. 13795 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition as a Public Interest Litigation, inter alia, seeking as under: i. Issue a writ of Mandamus or any other writ, order or direction to the respondent authorities to cancel the license of the establishment of a bar and restaurant (pub) named "Eagles Perch" at Property No. 370, 14th Cross. 8th Main, Sadashivanagar, Bangalore immediately; ii. Issue a writ of Mandamus or any other writ, order or direction to the respondent authorities not to give any No Objection Certificate/permission for starting the establishment of a bar and restaurant (pub) named "Eagles Perch" immediately; And iii. Issue any other writ, order or direction as this Hon'ble Court deems fit and proper under the facts & circumstances of this case in the interest of justice and equity. 2. It is the petitioners' case that the Pub/Bar named 'Eagle Perch' has been established in the premises bearing No.370, 14th Cross, 8th Main, Sadashivanagar, Bengaluru. It is contended that the site owners have obtained CL - 9 licence under the Karnataka Excise (Sale of Indian made Foreign Liquuor) Rules, 1968 and - 5 - HC-KAR NC: 2025:KHC:44652-DB WP No. 13795 of 2025 under Section 13 of the Karnataka Excise Act, 1965. The petitioners' objection is that the said Pub/Bar is located at a distance less than 100 metres from a religious institution, which according to the petitioners is not permissible. 3. The respondents have filed statement of objections raising several objections. 4. First, it is contended that the writ petition is not maintainable as the licencee has not been made a party to the present petition and therefore, no order against the licencee can be passed. 5. Second, it is contended that no licence has been issued to respondent No.10 [Eagles Perch]. 6. It is stated that CL -9 licence had been issued in the name of Smt.S.Manjula at the licenced premises bearing property No.370, 14th Cross, 8th Main, Sadashivanagar, Bengaluru and the same licence has also been renewed in her name for the year 2025-26. 7. It is stated that said Smt.Manjula had sought for shifting of the licence under Rule 23 of the Karnataka Excise (General conditions) Rules, 1967 during the Excise Year 2024-2025 and the same was shifted from 2/A, 100 feet road, Hosabinnamangala, Indiranagar, Bengaluru to the current address [No.370, 14th Cross, - 6 - HC-KAR NC: 2025:KHC:44652-DB WP No. 13795 of 2025 8th Main, Sadashivanagar, Bengaluru] by an order dated 04.06.2025. 8. It is stated that the said order of transfer has not been challenged. Further, the concerned authority also is not made a party. 9. The objections raised by the respondent - State are merited. 10. Apparently, no order adverse to the licence holder can be passed without the licence holder being made a party to the petition. 11. In the aforesaid circumstances, the present petition is dismissed. 12. We leave it open to the petitioners to make a representation to the concerned authority. Needless to say that if a representation is made, the same would be considered in accordance with law. 13. Pending applications, if any, stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND/List No.: 1 Sl No.: 34