- 1 - HC-KAR NC: 2025:KHC:36638 WP No. 28213 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 28213 OF 2023 (EXCISE) BETWEEN: SMT CHANNAMMA W/O M BABU, AGED ABOUT 53 YEARS, R/AT SARVARA KERI, HONNALI TOWN, HONNALI TALUK - 577 217. …PETITIONER (BY SRI MADHUKAR NADIG, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OF EXCISE COMMISSIONER OFFICE DAVANAGERE, NO.2007/1,2,3,4, 2ND FLOOR, 31ST WARD, SREE SIDDA VEERAPPA EXTENSION, 2ND CROSS, NEAR B.I.E.T. COLLEGE ROAD, DAVANAGERE - 577 004. 2. INSPECTOR OF EXCISE, DEPARTMENT OF EXCISE, HONNALI, HONNALI TALUK, DAVANAGERE -577 217. 3. SAVITHRAMMA W/O LATE SIDDAPPA, AGED ABOUT 60 YEARS, OWNER OF SREE DEVI WINE STORE, LICENCE NO.EX-DVG, CL-2/2022-23 ASSESSMENT NO.5083/3. 4525/3, NYAMTHI ROAD, HONNALI TOWN, DAVANAGERE DISTRICT. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36638 WP No. 28213 of 2023 4. TOWN MUNICIPALITY HONNALI, DAVANAGERE DISTRICT-577217 REPRESENTED BY CHIEF EXECUTIVE OFFICER. 5. SMT. MANJULA W/O K. CHANDRAPPA, AGED ABOUT 54 YEARS, R/AT SIDDARUDA NAGARA, NEAR SHANKARA MATH, BEHIND HEBBURU COLLEGE, BHADRAVATHI TOWN, BHADRAVATHI - 577 301. …RESPONDENTS [BY SRI BHOJEGOUDA T. KOLLER, AGA FOR R1 & R2 (PH); SRI K.G.NAYAK, ADVOCATE FOR R5 (PH); V/O DATED 2308.2025 NOTICE TO R3 H/S; R4 - SERVED & UNREPRESENTED] THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSITUTION OF INDIA, PRAYING TO DIRECT TO THE R1 AND 2 TO CONSIDER THE REPRESENTATION DATED 07.11.2023 AND REPRESENTATION DTD 06.11.2023 GIVEN TO THE R1 AND 2 AND CONSEQUENTLY DIRECT TO THE R1 AND 2 TO THE TAKE NECESSARY ACTION AGAINST THE R3 IN CANCELLING THE LICENCE NO.EX.DVG,CL-2/2022.23 GIVEN TO RUN THE WINE SHOP IN THE NAME OF R3 IN THE PROPERTY 5082/3,4525/3,4525/3, SITUATED AT HONNALI TOWN AND HONNALI TALUK. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC:36638 WP No. 28213 of 2023 ORAL ORDER This writ petition is filed seeking writ of mandamus directing respondents no.1 and 2 to consider representations dated 07.11.2023 and 06.11.2023 at Annexures- F and G, in accordance with law and take action against respondent no.3. 2. Sri Madhukar Nadig, learned counsel for petitioner submitted, respondent no.5-Manjula was owner of property bearing Khata no.5082/3,4525/3 and 4525/3, measuring 19 X 66 ft., situated at Honnali Town and Taluk ('premises' for short). It was submitted, respondent no.3 was petitioner's sister and had executed a registered lease deed in favour of petitioner on 18.08.2012 leasing said property to petitioner from 02.08.2012 to 02.08.2037. Thereafter petitioner was running a fancy store in said premises by name 'Sree Nidhi Fancy Store'. For sometime petitioner fell ill and unable to run business. Taking advantage of same, respondent no.5 appears to have filed application for transfer of CL-2 licence from Davanagere to premises at Honnali and that, same was considered by respondent - authorities behind back of petitioner. Immediately, after realising same, petitioner submitted representation to respondents no.1 and 2. Despite - 4 - HC-KAR NC: 2025:KHC:36638 WP No. 28213 of 2023 acknowledging receipt, same had remained without consideration, therefore entitling petitioner to relief of mandamus and sought to allow petition. 3. Sri Bhojegouda T Koller, learned AGA for respondents no.1 and 2, Sri KG Nayak, learned counsel for respondent no.5 opposed petition. 4. They submitted that on consideration of application filed by respondent no.5 and finding same to be in order, respondent no.3 was granted permission for transfer of excise licence. It was submitted, petitioner had filed suit against respondent no.3 in OS no.100/2021 and same was pending before Civil Judge & JMFC., Honnali. In view of same, petitioner is required to establish rights before Civil Court and thereafter approach authorities. On said grounds, sought for dismissal of petition. 5. Heard learned counsel and perused material on record. 6. From above, since only relief sought for is writ of mandamus directing respondents to consider petitioner's - 5 - HC-KAR NC: 2025:KHC:36638 WP No. 28213 of 2023 representations at Annexures - F and G, which appear to be pending, it is found appropriate to dispose of writ petition by directing respondents to consider same in accordance with law and to pass appropriate orders thereon and intimate thereon to petitioner by fixing time limit. 7. Ordered accordingly. Writ petition is disposed of, respondents no.1 and 2 are directed to consider petitioner's representation at Annexures- F and G in accordance with law within six weeks from date of receipt of certified copy of this order after giving opportunity to respondent no.5 and intimate result. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 36