- 1 - HC-KAR NC: 2025:KHC:42226-DB WP No. 13793 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 13793 OF 2025 (GM-RES-PIL) BETWEEN: 1. SRI T N SUBRAMANI S/O. T.M. NAGARAJ AGED ABOUT 62 YEARS, R/O. BIRUR, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577116. …PETITIONER (BY SRI. RAMESH K R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, VIDHANA SOUDHA, BENGALURU 560 001. 2. THE COMMISSIONER OF EXCISE, EXCISE DEPARTMENT, BENGALURU 560 001. 3. THE DEPUTY COMMISSIONER, CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR 577116 Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42226-DB WP No. 13793 of 2025 4. THE DEPUTY COMMISSIONER OF EXCISE, CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR 577116 5. EXCISE SUPERINTENDENT, EXCISE DEPARTMENT, OFFICE OF THE DEPUTY COMMISSIONER OF EXCISE, CHIKKAMAGALUR 577116 6. EXCISE INSPECTOR, KADUR RANGE, KADUR, CHIKKAMAGALUR, CHIKKAMAGALUR DISTRICT 577116. 7. M/S. VINAYAKA COMFORTS, LKM BUILDING, AJJAMPURA ROAD, BIRUR TOWN, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577116. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR RESPONDENT NOS.1 TO 6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, 2018 PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 25.12.2023 BEARING No.EXE.CHIVA/IML/CL-7/126/2023- 24 PASSED BY THE DEPUTY COMMISSIONER, CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR, GRANTING CL-7 LICENSE TO RUN BUSINESS IN THE PROPERTY - 3 - HC-KAR NC: 2025:KHC:42226-DB WP No. 13793 of 2025 BELONGING TO THE 7TH RESPONDENT NAMELY LKM BUILDING, PROPERTY BEARING No-1-3-11, ASSESSMENT No.1860/1860/A1858/1858A(VINAYAKA COMFORTS) AJJAMPURA ROAD, BIRUR, KADUR TALUK, CHIKKAMAGALUR DISTRICT AT ANNEXURE-A AND CL-7 LICENSE BEARING REGISTER No.EXE/IML/KDR/CL-7/05/2023-24 ISSUED BY THE 3RRD RESPONDENT PURSUANT TO THE ORDER AT ANNEXURE-A IN FAVOUR OF THE RESPONDENT No-7 AT ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 petitioner has filed the present petition, inter alia impugning an order dated 25.12.2023 passed by the Deputy Commissioner, Chikkamagalur District, granting CL-7 licence to respondent No.7 for running a business in his property namely, the LKM Building Property bearing No. 1-3-11 situated in Ajjampura Road, Birur, Kadur Taluk. - 4 - HC-KAR NC: 2025:KHC:42226-DB WP No. 13793 of 2025 2. It is the petitioner's case that no license could be granted to respondent No.7, as the building in question is unauthorised and there is no plan sanctioning the same. It is also alleged that there is no set back in the said building. 3. The averments in the present petition indicate that the Commissioner, CMC and the Deputy Commissioner and other officers had received the said application, and the Commissioner had in turn passed an order granting approval, imposing certain conditions. 4. In view of the averments made in the petition, we consider it apposite to dispose of the present petition with the observation, that the concerned authorities may examine the issues as flagged in the present petition. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KS List No.: 1 Sl No.: 17