- 1 - HC-KAR NC: 2025:KHC:40145 WP No. 27313 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.27313 OF 2025 (EXCISE) BETWEEN: N.G. NAGARAJ S/O GURAPPA AGED ABOUT 70 YEARS, R/AT NO. HULIYARU, CHIKKANAYAKANAHALLI TALUK, TUMKUKRU DISTRICT-572214. …PETITIONER (BY SRI G.K. BHAT, SENIOR COUNSEL FOR SMT. SUDHA D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE EXCISE COMMISSIONER IN KARNATAKA 2ND FLOOR, TTMC ‘A’ BLOCK, BMTC BUILDING, SHANTINAGAR, BENGALURU-560027. 3. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE -577001. 4. THE DEPUTY COMMISSIONER OF EXCISE, DAVANAGERE DISTRICT, DAVANAGERE -577001. (AMENDMENT CARRIED OUT AS PER COURT ORDER DATED 10/10/2025) …RESPONDENTS (BY SRI HARISHA A.S., AGA) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40145 WP No. 27313 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTING THE RESPONDENTS NO.3 AND 4 TO RECEIVE THE APPLICATION FROM THE PETITIONER FOR RENEWAL OF THE LICENSE IN FORM CL- 2 THAT WAS EARLIER STANDING IN THE NAME OF HIS FATHER SRI.GURAPPA IN THE NAME AND STYLE OF “SREEDHAR WINE SHOP” BETHUR ROAD, DAVANGERE. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court in this petition seeking a writ of mandamus directing respondent Nos.3 and 4 to receive the application from the petitioner for renewal of the licence in Form CL-2 that was earlier standing in the name of the father Sri Gurappa in the name and style of “Sreedhar Wine Shop”, Bethur Road, Davangere. 2. Heard learned Senior Counsel for the petitioner and learned AGA for the respondents. 3. Learned Senior Counsel for the petitioner submits that the licence for retail vending of liquor (Form - 3 - HC-KAR NC: 2025:KHC:40145 WP No. 27313 of 2025 CL-2) was originally granted in favour of the petitioner's father. It is submitted that though the licence had lapsed during the year 1979-80, the petitioner had not sought for renewal. However, lately an application was sought to be filed to respondent Nos.3 and 4 for renewal of licence being the legal heirs and successor to the business, which was declined even to receive such an application. It is further contended that the petitioner’s request is bonafide and falls with the ambit of the discretionary power conferred under Rule 5-A(3) of the Karnataka Excise (sale of Indian and Foreign liquors) Rules, 1968 (‘Rules 1968’ for short) which permits renewal of licence granted prior to July 1999 subject to condition prescribed therein. 4. Per contra, learned Additional Government Advocate for the respondents submits that no specific direction could be issued, since the petitioner is at liberty to make a fresh application for renewal of licence, and if such an application is filed, the same would be considered by the authorities in accordance with law. - 4 - HC-KAR NC: 2025:KHC:40145 WP No. 27313 of 2025 5. This Court has considered the rival submissions and perused the material on record. 6. Rule 5-A(3) of the Rules, 1968 reads as under: “[5-A. Renewal of licence: (1) Xxx (2). Xxx (3) The licences granted prior to the first of July, 1999 may be renewed at the discretion of the Excise Commissioner or the Deputy Commissioner, as the case may be on payment of 50% (fifty per cent) of the fee prescribed under Rule 8 in respect of the entire period for which licence was not granted, for the purpose of maintaining continuity of the licences: Provided that while renewing the licence under this sub-rule the Deputy Commissioner or the Excise Commissioner, as the case may be shall ensure that the total number of licences granted or renewed do not exceed the quota fixed in Rule 12, for grant of each kind of licence for an area.]” 7. A plain reading of the above provision makes it clear that licences granted prior to 01.07.1999 may be renewed at the discretion of Excise Commissioner or the - 5 - HC-KAR NC: 2025:KHC:40145 WP No. 27313 of 2025 Deputy Commissioner (competent authority), subject to the payment of the prescribed fees and compliance with the conditions stipulated. The Rule empowers the authorities to consider renewal applications even after a long lapse, provided such renewal does not exceed the prescribed quota or is otherwise permissible in law. 8. In the present case, the grievance of the petitioner is only that the authorizes have refused to even receive his application. The prayer being limited to consideration of his request in accordance with law, no prejudice would be caused to the respondents if liberty is granted to the petitioner to submit an application for renewal, and if such application is directed to be received and proceeded in accordance with Rule 5-A(3) of the Rules, 1968. 9. In view of the above, this Court is of the opinion that ends of justice would be met by permitting the petitioner to submit an application for renewal of - 6 - HC-KAR NC: 2025:KHC:40145 WP No. 27313 of 2025 licence and directing the competent authorities to consider the same in accordance with law. Accordingly, the following: ORDER i. The writ petition is allowed. ii. The petitioner is at liberty to file an application for renewal of the CL-2 licence before respondent Nos.3 and 4 within two weeks from the date of receipt of the certified copy of this Order. iii. On receipt of such application, respondent Nos.3 and 4 shall receive and consider the same in accordance with Rule 5-A(3) of the Rules, 1968 and pass appropriate orders within a period of two months thereafter. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 27