- 1 - NC: 2025:KHC-D:1050 WP No. 107602 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107602 OF 2024 (EXCISE-) BETWEEN: H. VENKATESH S/O. LATE VENUGOPALAPPA, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. HIREKASANAKANDI, TQ: DIST: KOPPAL-583228. …PETITIONER (BY SRI. G.D. PATIL AND SRI. H.N. GULARADDI, ADVOCATES) AND: 1. THE DISTRICT COLLECTOR OFFICE, KOPPAL, DIST: KOPPAL-583231. 2. THE EXCISE INSPECTOR, ZONAL OFFICE, KOPPAL, DIST: KOPPAL-583231. 3. THE DEPUTY COMMISSIONER OF EXCISE, DEPARTMENT KOPPAL, TQ: KOPPAL, DIST: KOPPAL-583231. 4. THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT, HULAGI, TQ: KOPPAL, DIST: KOPPAL-583231. 5. TALUK PANCHAYAT OFFICE, KOPPAL, TQ: KOPPAL, DIST: KOPPAL-583231. 6. H. JAGANNATH S/O. VENUGOPALAPPA, AGE: 44 YEARS, OCC: AGRICULTURE, R/O. HULAGI, TQ: DIST: KOPPAL-583231. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R3; R4-R6 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO 5 TO GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:40:07 +0530 - 2 - NC: 2025:KHC-D:1050 WP No. 107602 of 2024 CONSIDER THE APPLICATION DATED 17-05-2024 IN CONNECTION WITH THE CONNECTION OF NOT TRANSFER PIK UP WINE SHOP AND NOT RENEWAL LICENCE WHICH IS LOCATED IN HULAGI VILLAGE TQ: DT: KOPPAL AS ANNEXURE-B IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE SUCH OTHER WRIT OR DIRECTION IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent No.1 to 3. 2. Notice to respondent Nos.4 to 6 is dispensed with in view of the proposed order to be passed. 3. The petitioner is before this Court seeking for the following relief: A) Issue writ in the nature of mandamus directing the respondent no.1 to 5 to consider the application dated 17-05-2024 in connection with the connection of not transfer Pik up wine shop and not renewal licence which is located in Hulagi Village Tq: Dt: Koppal as Annexure-B in the Interest of justice and equity; B) Issue such other writ or direction in the circumstances of the case. - 3 - NC: 2025:KHC-D:1050 WP No. 107602 of 2024 2. The grievance of the petitioner is that respondent No.6 is proposing to shift the PIC-UP wine shop without the consent of the petitioner, during the pendency of the suit in O.S.no.15 of 2011 filed by the petitioner’s sister for partition, if at all the petitioner has any grievance regarding shifting of the wine shop, which is subject matter of the suit. It is for the petitioner to file necessary application in the said suit and not make use of the official machinery to achieve the private purposes. No grounds being made out the petition stands dismissed reserving above liberty. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 43