- 1 - HC-KAR NC: 2026:KHC:20740-DB WA No. 538 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 538 OF 2026 (EXCISE) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF FINANCE AND EXCISE VIKASA SOUDHA BENGALURU - 560 001 2. THE COMMISSIONER OF EXCISE IN KARNATAKA TTMC, 2ND FLOOR BMTC COMPLEX SHANTHINAGAR BENGALURU - 560 027 …APPELLANTS (BY SRI SHASHIKIRAN SHETTY K., ADVOCATE GENERAL A/W SMT. PRATHIMA HONNAPURA, AAG & SMT. NAMITHA MAHESH B.G., AGA) AND: 1. SMT. SHEELA J BANGERA W/O LATE JAYA C. BANGERA DISCONTINUED CL-9 LICENSEE AGED ABOUT 59 YEARS CHITRAKSHI NILAYA NEAR THOTTAM CHURCH TENKANIDIYURU VILLAGE UDUPI TALUK AND DISTRICT Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20740-DB WA No. 538 of 2026 2. SRI SOHAN J. S/O LATE J. VISHWANATH AGED ABOUT 39 YEARS DISCONTINUED CL-9 LICENSEE D.NO. 2-26, MOGARU HOUSE JAPPINAMOGARU, MANGALURU D.K. DISTRICT 3. SRI TARANATH B.K. S/O LATE B.K. SANJEEVA AGED ABOUT 56 YEARS DISCONTINUED CL-2 LICENSEE "JAYANTI VIHAR", NEAR POST OFFICE SURATKAL, MANGALURU D.K. DISTRICT 4. SRI K. SEETHARAM SHETTY S/O K.K. SHETTY AGED ABOUT 56 YEARS DISCONTINUED CL-9 LICENSEE K.K. SHEETY COMPOUND KUNDAPURA, UDUPI DISTRICT 5. ATTILL A PARTNERSHIP FIRM DISCONTINUED CL-9 LICENSEE DAFFODILS, LAKSHMINDRANAGAR 2ND CROSS, KUNJIBETTU POST, UDUPI UDUPI DISTRICT REPRESENTED BY ITS PARTNER GHANASHYAM S. MALPE S/O LATE SHRIDHAR MALPE AGED ABOUT 58 YEARS 6. M/S. SWAGATH WINES A PARTNERSHIP FIRM DISCONTINUED CL-2 LICENSEE MEDARA-ALDUR ROAD ALDUR POST - 577 111 CHIKKAMAGALUR TALUK AND DISTRICT REPRESENTED BY ITS PARTNER A.M. KUSUMA W/O. LATE CHANDRAHAS AGED ABOUT 52 YEARS - 3 - HC-KAR NC: 2026:KHC:20740-DB WA No. 538 of 2026 7. SMT. BHAGYAMMA W/O LATE JAYARAMAREDDY AGED ABOUT 48 YEARS DISCONTINUED CL-9 LICENSEE DODDAKATURU VILLAGE MALUR TALUK KOLAR DISTRICT 8. SMT. JAYAMMA W/O LATE V. THIMMAIAH AGED ABOUT 67 YEARS DISCONTINUED CL-2 LICENSEE R/O. NO. 13/14, 'SAPTAGIRI NILAYA' NAIDU LAYOUT, RAJEEVAGANDHI ROAD JARAGANAHALLI BENGALURU …RESPONDENTS (BY SRI MOHAN MAHABALESHWARA BHAT, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE INTERIM ORDER DATED 30.12.2025 PASSED IN W.P.No. 39228/2025 (EXCISE) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT & 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. For the reasons stated in the affidavit accompanying the application – I.A.No.3/2026, the same is allowed and the delay of 8 days in filing the appeal is condoned. - 4 - HC-KAR NC: 2026:KHC:20740-DB WA No. 538 of 2026 2. The appellants have filed the present appeal impugning an interim order dated 30.12.2025 passed by the learned Single Judge in Writ Petition No.39228/2025 (Excise). 3. A plain reading of the said order indicates that it is premised on the earlier interim orders passed in similar petitions staying the enforcement of Rule 5 and 5A of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 as amended by virtue of the Karnataka Excise (Sale of Indian and Foreign Liquors) (Second Amendment) Rules, 2025. 4. The said issues are squarely covered by a judgment dated 15.04.2026 passed by this Court in Writ Appeal No.541/2026 (Excise). 5. Accordingly, the present appeal is allowed and the impugned order is set aside. 6. The learned counsel appearing for the respondents submits that apart from the challenge to Rule 5 and 5A of the aforesaid Rules, the appellants have also raised certain other issues, including on factual aspects. - 5 - HC-KAR NC: 2026:KHC:20740-DB WA No. 538 of 2026 7. It is clarified that the present order will not preclude the respondents from agitating the same before the learned Single Judge. 8. The pending interlocutory applications also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 2 Sl No.: 24.9