- 1 - HC-KAR NC: 2026:KHC-D:2459 WP No. 101357 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.101357 OF 2026 (EXCISE) BETWEEN: NINGAVVA IRANNA KONDAJJI AGE. 30 YEARS, OCC. HOUSEHOLD WORK, R/O. 1ST MAIN, 3RD CROSS, MARUTI NAGAR, RANEBENNUR, DIST. HAVERI-581110. …PETITIONER (BY SRI. ANKIT R.DESAI, ADVOCATE) AND: 1. THE MANAGING DIRECTOR MSIL BANGALORE-560001. 2. THE DEPUTY COMMISSIONER OF EXCISE HAVERI DISTRICT-581110. 3. THE EXCISE INSPECTOR RANEBENNUR, HAVERI-581110. 4. PANCHAYAT DEVELOPMENT OFFICER GRAM PANCHAYAT MEDLERI, RANEBENNUR HAVERI-581110. 5. ANJANNAVVA MAILAPPA KURUDAPPALAVAR AGE. MAJOR, OCC. HOUSEHOLD, R/O. MEDLERI, HAVERI-581110. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 TO R3; NOTICE TO R4 AND R5 IS DISPENSED WITH VIDE ORDER DATED 17.02.2026) MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.20 11:35:24 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2459 WP No. 101357 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE RETAIL SHOP LICENCE IN FORM CL-11C BEARING REGISTER NO. HVJ00087 FOR THE EXCISE YEAR 2025-26 DATED. 13.02.2026 ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, HAVERI WHICH IS PRODUCED AT ANNEXURE-F; AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3. 2. Notice to respondent Nos.4 and 5 is not ordered, as the writ petition is disposed of at the stage of preliminary hearing without any adverse order as against respondent Nos.4 and 5. 3. The petitioner has filed this writ petition seeking issuance of a writ of certiorari to quash the retail shop Licence in Form CL-11C bearing registration number HVJ00087 for the excise year 2025-2026 dated 13.02.2026, issued by the Deputy Commissioner of Excise, Haveri. - 3 - HC-KAR NC: 2026:KHC-D:2459 WP No. 101357 of 2026 Brief facts: 4. The petitioner claims that Survey No.3 measuring 7 acres 27 guntas, is her ancestral property and that she has instituted O.S. No.156/2025 for partition and separate possession before the I Additional Senior Civil Judge and JMFC, Ranebennur. It is contended that respondent No.5, who is the aunt of the petitioner, obtained separation of 2 guntas of land and that the Panchayath Development Officer issued an endorsement dated 25.07.2025, cancelling the E-Swathu entry standing in the name of respondent No.5 on the ground of furnishing false information. 5. Subsequently, respondent No.1 (MSIL) sought shifting of the CL-11C licence to the premises in question and respondent No.3 submitted a report dated 14.11.2025, stating that the proposed site is non-objectionable under Rule 5 of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 (‘the 1968 Rules’ for short). Based on - 4 - HC-KAR NC: 2026:KHC-D:2459 WP No. 101357 of 2026 the said report, the Deputy Commissioner of Excise issued Licence dated 13.02.2026 (Annexure-E). Aggrieved by the grant of Licence, the petitioner has filed the present writ petition. 6. Learned counsel for the petitioner contends that the impugned licence is contrary to the endorsement dated 25.07.2025 cancelling the E-Swathu entry. He further contends that the report dated 14.11.2025 is under challenge in W.P. No.101294/2026 and has not attained finality. The property in question is the subject matter of pending civil suit, and the lawful possession of respondent No.5 is disputed. Grant of licence without proper verification of title is in violation of Rule 5 of the 1968 Rules and is arbitrary. 7. Per contra, learned AGA submits that the petitioner has no locus standi to challenge the grant of retail licence issued in favour of MSIL. The licence was granted after due verification and in accordance with the provisions - 5 - HC-KAR NC: 2026:KHC-D:2459 WP No. 101357 of 2026 of the Karnataka Excise Act and Rules. Pendency of the civil proceedings cannot invalidate a statutory licence granted under the Excise Act. 8. This Court has considered the submissions and perused the material on record. 9. The petitioner's claim over the property is the subject matter of adjudication in O.S. No.156/2025. Mere pendency of civil proceedings does not confer the petitioner a right to stall statutory licencing action taken under the Karnataka Excise Act. 10. The licence produced at Annexure-F has been issued in favour of MSIL by the competent authority after consideration of the report of the Excise Inspector. The petitioner has not demonstrated any violation of mandatory statutory provisions governing the grant of licence. 11. The right claimed by the petitioner over the property is yet to be established before the competent Civil - 6 - HC-KAR NC: 2026:KHC-D:2459 WP No. 101357 of 2026 Court. Until such adjudication, the petitioner cannot be treated as an aggrieved person in respect of the excise licence issued to MSIL. 12. In the absence of proof of statutory infraction or jurisdictional error, interference under Article 226 of the Constitution of India is unwarranted. This Court is of the view that the present writ petition is an attempt to convert into a civil dispute, which cannot be permitted. Accordingly, the writ petition stands dismissed. Sd/- JUSTICE K.S.HEMALEKHA MBM Ct:VH List No.: 2 Sl No.: 1