- 1 - HC-KAR NC: 2025:KHC:32346-DB WA No. 585 of 2025 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. 585 OF 2025 (EXCISE) BETWEEN: 1. THE PRINCIPAL SECRETARY TO GOVERNMENT FINANCE AND EXCISE DEPARTMENT VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE - 560 001 2. THE COMMISSIONER OF EXCISE IN KARNATAKA NO. 27, 2ND FLOOR TTMC SHANTHINAGAR BUS TERMINAL SHANTHI NAGAR BENGALURU - 560 027 3. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 401 4. THE DEPUTY COMMISSIONER OF EXCISE MANDYA DISTRICT ABHAKARI BHAVAN BEHIND OFFICE OF THE DEPUTY COMMISSIONER MANDYA - 571 401 …APPELLANTS (BY SMT. PRATHIMA HONNAPURA, AAG) Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32346-DB WA No. 585 of 2025 AND: 1. A S MAHESHA S/O LATE M B SONNEGOWDA AGED ABOUT 66 YEARS MBS RESIDENCY, PROPOSED CL-7 APPLICANT KHAT NO. 491 SOMANAHALLI VILLAGE AKKIHEBBALU HOBLI K R PET TLAUK 571605 MANDYA DISTRICT …RESPONDENT (BY SRI. G.K. BHAT, SENIOR ADVOCATE FOR SMT. D. SUDHA, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 10.01.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No.30789/2024 (EXCISE). 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 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. For the reasons stated in the application-I.A No.1/2025, the same is allowed. The delay caused in filing the appeal is condoned. - 3 - HC-KAR NC: 2025:KHC:32346-DB WA No. 585 of 2025 2. The State has filed the present appeal impugning an order dated 10.01.2025 [impugned order] passed by the learned Single Judge in Writ Petition No.30789/2024 (EXCISE), whereby the same was allowed. 3. The said petition was filed by the respondent impugning an order dated 29.10.2024 passed by the Deputy Commissioner, Mandya District rejecting the respondent’s application for the liquor licence. The impugned order indicates that the application was required to be considered by the Deputy Commissioner of Excise whereas, it was passed by the Deputy Commissioner, Mandya, who was not the concerned authority. The learned Additional Government Advocate appearing for the appellants had also conceded to the said contention. In the aforesaid circumstances, the learned Single Judge had not expressed any opinion on the merits of the writ petition. 4. Concededly, the reason for which the petition was allowed is erroneous. The learned counsel for both the parties submit that under the Rules, the Deputy Commissioner and the Deputy - 4 - HC-KAR NC: 2025:KHC:32346-DB WA No. 585 of 2025 Commissioner of Excise are empowered to consider the application. 5. In view of the above, we set aside the impugned order and restore the writ petition before the learned Single Judge for consideration on merits. 6. The appeal is allowed with consent of the parties. 7. The learned counsel for the parties are also at liberty to request the learned Single Judge to hear and dispose of the petition at an earlier date. 8. Pending application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 71