- 1 - HC-KAR NC: 2025:KHC:32406-DB WA No. 1736 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1736 OF 2024 (EXCISE) BETWEEN: 1. SMT. J RUKHIMINI, W/O LATE. JAYSHANKAR, AGED ABOUT 54 YEARS, OCCUPATION: HOUSE WIFE. 2. J. NAGARJUN, S/O LATE. JAYSHANKAR, AGED ABOUT 35 YEARS. 3. RANJITH, S/O LATE. JAYSHANKAR, AGED ABOUT 33 YEARS. 4. J. NAGBHARAN, S/O LATE. JAYSHANKAR, AGED ABOUT 26 YEARS. ALL ARE R/OF NO. 64, 3RD CROSS, 1ST STAGE, OKALIPURAM, BENGALURU-560 021. …APPELLANTS (BY SRI G.K BHAT, SENIOR ADVOCATE FOR SMT. D SUDHA, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, VIDHANA SOUDHA, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32406-DB WA No. 1736 of 2024 BENGALURU-560 001. 2. THE EXCISE COMMISSIONER IN KARNATAKA, 2ND FLOOR, TTMC, 'A' BLOCK, BMTC BUILDING, SHANTINAGAR, BENGALURU-560 027. 3. THE DEPUTY COMMISSIONER OF EXCISE, BANGALORE URBAN DISTRICT (BUD-2), BANASAVADI, BANGALORE-560 043. 4. K. MANJUNATH, S/O KRISHNAPPA, R/AT NO. 232, 2ND BLOCK, III STAGE, WEST OF CHORD ROAD, BASAVESHWARANAGARA, BENGALURU - 560 007. …RESPONDENTS (BY SMT. NAMITHA MAHESH.B.G, AGA FOR R-1 TO 3; SRI D.R RAVISHANKAR. SENIOR ADVOCATE A/W SRI MOHAN BHAT, ADVOCATE FOR C/R-4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND ORDER DATED 19.09.2024 PASSED BY THE HON'BLE SINGLE JUDGE IN WP No- 1978/2024 (EXCISE) AND C/W WP No-4159/2024 (EXCISE) AND CONSEQUENTLY ALLOW THE SAID WP TO MEET THE ENDS OF JUSTICE AND EQUITY. 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 JOSHI - 3 - HC-KAR NC: 2025:KHC:32406-DB WA No. 1736 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 19.09.2024 passed by the learned Single Judge of this Court in WP.No.1978/2024 (Excise) C/w WP.No.4159/2024 (Excise) NC:2024:KHC:38678. The appellants had filed the aforesaid writ petition (WP.No.1978/2024) inter alia impugning an order dated 18.01.2024 passed by respondent No.3-The Deputy Commissioner of Excise, renewing the Excise Licence (CL-2) in favour of one Sri.K.Manjunatha (respondent No.4). 2. It is the case of the appellants (writ petitioners) that their predecessor in interest (husband of appellant No.1 and father of other appellants) was holding a licence in Form CL-2 and was running a retail liquor business at premises bearing No.203, Arabic College Post, Venkateshpura Main Road, Bengaluru, during his lifetime. He expired on 09.02.1997 in a road accident and is survived by the appellants. The appellants allege that the concerned authorities had by perpetuating a fraud, transferred the licence, which was in the name of husband of appellant No.1 in favour of one Smt.K.R.Savitha, on a fraudulent premise that she was his legal heir. - 4 - HC-KAR NC: 2025:KHC:32406-DB WA No. 1736 of 2024 3. The appellants state that they were not aware of the fraud perpetrated by the concerned authorities in collusion with the private persons. They became aware of the same at a belated stage. Accordingly, they preferred writ petition being WP.No.50353/2019, which was filed on 04.11.2019. The said petition was disposed of by an order dated 07.09.2022 by the learned Single Judge. The operative part of the said order reads as under: "(i) Writ Petition is allowed in part. (ii) The transfer of licence dated 30.06.1997 shall be subject to further inquiry by the Department of Excise based upon the report of the Assistant Commissioner of Police submitted before this Court. (iii) The Commissioner of Excise shall conduct such inquiry based upon the aforesaid report and take all further action as a consequence thereof. (iv) On conclusion of the enquiry, the Commissioner of Excise shall pass such orders, in accordance with law. In the event, the 1st petitioner would be entitled to the benefit of any order as an outcome of the enquiry, the same shall be passed without any loss of time, failing which, status quo on date, shall continue. (v) The said enquiry shall be completed within six months, if not earlier, from the date of receipt of a copy of this order. Till such time, no prejudicial action shall be taken against any protogonists in the lis." 4. Thus, the court has directed that the transfer of licence in the name of Smt. K.R Savitha dated 30.06.1997, be enquired. - 5 - HC-KAR NC: 2025:KHC:32406-DB WA No. 1736 of 2024 5. Respondent No.4 preferred an appeal against the said order being WA.No.26/2023. Smt.K.R.Savitha also appealed the said decision by filing WA.No.1318/2022. The said appeals were allowed and the order dated 07.09.2022 passed in WP.No.50353/2019 was set aside. However, the Division Bench of this Court also observed as under: "29. Having thus found it is clarified that the authorities under Act, 1965 and the Rules framed thereunder would be entitled to initiate any enquiry with regard to violation of provisions contained thereof in respect of transfer of licence. This order would also not foreclose legal remedy or options if any available to the petitioners before the competent courts of law, forum or authority and the petitioners are at liberty to seek such remedy as may be permissible under law. The observations and reasonings made in this order is only with regard to sustainability of the impugned order passed in the writ petition and all contentions that may be available and raised by the petitioners are kept open. For the aforesaid reasons and analysis and with the above observation writ appeals are allowed. Order dated 07.09.2022 passed in W.P No. 50353/2019 (Excise) is set aside. Any consequent orders passed by the excise authorities pursuant to the directions in the writ petition shall not have any effect and cannot be enforced." 6. It is the grievance of the appellants that notwithstanding the appellants pointing out a fraud, the concerned authorities are continuing to perpetuate the same by renewing the licence in favour of respondent No.4. - 6 - HC-KAR NC: 2025:KHC:32406-DB WA No. 1736 of 2024 7. In the aforesaid context the appellants filed a writ petition challenging the renewal of licence in favour of respondent No.4. The learned Single Judge had dismissed the said petition, noting that the Court had granted permission to the appellants to avail the remedies before Competent Court of law / Forum / Authority as may be permissible under law. 8. Learned counsel appearing for the appellants submits that the appellants, thereafter, have filed a petition under Section 3 of the Karnataka Excise Act, 1965 before the Excise Commissioner Bengaluru. However, the said petition has not been considered by the concerned authorities as yet. 9. The learned counsel appearing for respondent No.4 submits that the Excise Commissioner has no jurisdiction to entertain the said petition. He also referred to the order dated 27.09.2023 passed by a Division Bench of this Court in WA.No.1318/2022 C/w WA.No.26/2023 and drew the attention of the Court to the observations made by the Division Bench in paragraph Nos.18 and 20 of the said decision. 10. The limited prayer pressed by the learned counsel for the appellants is that their petition be considered by the Excise Commissioner. In view of the above, it is not necessary to examine - 7 - HC-KAR NC: 2025:KHC:32406-DB WA No. 1736 of 2024 the questions whether the said petition is maintainable or whether the Excise Commissioner has the jurisdiction to entertain the same. Since no order has been passed in the said petition, we consider it apposite to direct the Excise Commissioner to dispose of the same in accordance with law. The present appeal is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 32