- 1 - HC-KAR NC: 2025:KHC:39741-DB WA No. 870 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 870 OF 2025 (EXCISE) BETWEEN: DR K SHEKAR S/O LATE K.BASAVANYAPPA AGED ABOUT 67 YEARS, PROPRIETOR SHANTHALA NURSING HOME 5TH PARALLEL ROAD, DURGIGUDI, SHIVAMOGGA-577201 …APPELLANT (BY SRI.G.K. BHAT, SENIOR ADVOCATE A/W Ms. KALYANI PARAMESHWARA HEGDE, ADVOCATE) AND: 1. STATE OF KARNATAKA EXCISE DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER OF EXCISE SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201. 3. SRI. SATHISH KUMAR K.M S/O K.B. MANJAPPACHAR, PAN NO.CDUP57941F Digitally signed by NIRMALA DEVI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39741-DB WA No. 870 of 2025 MAJOR, R/AT SUBHADRA BHEEMASHREE NILAYA KUVEMPU ROAD, OPP Z.P. OFFICE, SHIVAMOGGA -577 201 …RESPONDENTS (BY SRI. K.S. HARISH, GA FOR R1 & R2 SRI. MOHAN BHAT, ADVOCATE FOR C/R3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS, ALLOW THIS WRIT APPEAL AND SET ASIDE THE JUDGEMENT AND ORDER DATED 04/04/2025 PASSED BY THE HONBLE SINGLE JUDGE IN WP NO.24396/2024 AND CONSEQUENTLY ALLOW THE SAID WRIT PETITION AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 04.10.2025 passed by the learned Single Judge in W.P. No.24396/2024 (Excise), whereby the appellant had filed the said writ petition impugning a Licence dated 11.07.2024 issued to respondent No.3 for sale of Indian and Foreign liquior contending that the same is in contravention of Section 5 of the Karnataka Excise General Condition of Licence (Rules), 1967. The appellant's - 3 - HC-KAR NC: 2025:KHC:39741-DB WA No. 870 of 2025 objection in this regard were rejected by an endorsement dated 25.07.2024 issued by the respondent No.2. Learned Single judge declined to entertain the writ petition on the ground that the appellant had a statutory remedy to assail the endorsement dated 25.07.2024. Admittedly, the appellant has a statutory remedy. However, the time period for availing the same has expired. 2. We find no fault with the decision of the learned Single judge in declining to entertain the appellant’s petition on the ground of an alternate remedy. However, with the consent of the learned counsel appearing for the respondent, we direct that in the event the appellant avails of his statutory remedies within the period of two weeks from today, the same would be considered by the appellate authority uninfluenced by the question of delay. 3.The appeal is dismissed with the aforesaid observations. SD/- (VIBHU BAKHRU) CHIEF JUSTICE SD/- (C.M. POONACHA) JUDGE BS - List No.: 1 Sl No.: 28