- 1 - HC-KAR NC: 2026:KHC:25780 WP No. 10837 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10837 OF 2026 (EXCISE) BETWEEN: 1. MR YAGNESH S/O. NARAYANA A SANIL, AGED ABOUT 42 YEARS, R/AT GEETHANJALI, SHANUBHOGUE HOUSE, PADU THONSE VILLAGE, KEMMANNU POST, UDUPI DISTRICT – 576 115 2. MRS. NALINAKSHI SHANKAR AMIN, W/O. SRI. SHANKAR AMIN, AGED ABOUT 46 YEARS, R/AT RAKSHAN NILAYA, NEAR VIJAYA BAKERY, KEMMANNU POST, PADU THONSE VILLAGE, UDUPI DISTRICT – 576 115 3. MR. HAJI GHANI, S/O. HANEEF SAHEB, AGED ABOUT 60 YEARS, R/AT VEENUS COMPOUND, KEMMANNU POST, PADU THONSE VILLAGE, UDUPI DISTRICT – 576 115 …PETITIONERS (BY SRI. KIRAN N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25780 WP No. 10837 of 2026 GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE – 560 001 2. THE SUPERINTENDENT OF POLICE UDUPI DISTRICT, BANNANJE, OLD D.C. OFFICE ROAD, UDUPI-576 101 3. THE DEPUTY COMMISSIONER, DEPARTMENT OF EXCISE, EXCISE BHAVANA, AJJARAKADU, UDUPI – 576 101 4. MR. SAMPATH KUMAR SHETTY, S/O. LATE SEETHARAM SHETTY, AGED ABOUT 68 YEARS, KEMMANNU POST, PADU THONSE VILLAGE, UDUPI DISTRICT – 576 115 …RESPONDENTS (BY SRI.MANJUNATH B., AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.3 TO CANCEL THE LICENSE OF ANY KIND AUTHORIZING THE RESPONDENT NO.4 TO CARRY OUT THE SALE OF LIQUOR. AS PER ANNEXURE P2, DATED: 27/03/2026. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:25780 WP No. 10837 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: "PRAYERS Wherefore for the reasons stated in the petition and its grounds the petitioner humbly prayed that the Hon'ble High Court of Karnataka may be pleased to pass order to issue a WRIT OF MANDAMUS, a) By directing the respondent no.3 to cancel the license of any kind authorizing the respondent no.4 to carry out the sale of liquor. AS PER ANNEXURE P2 dtd 27/03/26 b) By directing the respondent no.2 & 3 to initiate necessary legal action against the respondent no.4 for selling the liquor illegally in the under-construction site within the proximity of educational institution. c) Pass any other order or direction as deemed fit by this Hon'ble High Court, including an order for awarding cost in the interest of justice and equity." 2. It is the case of the petitioners that the petitioners are the adjoining owners and neighbours of the property of respondent No.4, wherein the respondent No.4 is running the Bar & Restaurant and because of this, the residents of the said locality, particularly the petitioners are put to lot of inconvenience. It is the case that in the month of December 2025, the respondent no. 4 demolished the entire building and started putting up new construction in the same property with an intention to expand his Bar & Restaurant without obtaining - 4 - HC-KAR NC: 2026:KHC:25780 WP No. 10837 of 2026 permission from the concerned authorities. It is the case of the petitioner that the petitioners gave a representation to respondent No.3 on 27.03.2026 seeking cancellation of the license as the Bar is situated within the prohibited limits and the respondents have failed to consider the same. 3. Learned Additional Government Advocate who accepts notice on behalf of respondent Nos.1 to 3 submits that he will get instructions in this regard. 4. Having heard the learned counsels on either side, perused the entire material on record. Considering the grievance of the petitioners that the license to run the bar is within the prohibited limits where the school is situated and in this regard they have given a representation, when a representation is given, respondent No. 3 is bound to consider the same in accordance with law. Hence, this Court has passing the following: ORDER i. Accordingly, the writ petition is disposed of directing respondent No.3 to consider the - 5 - HC-KAR NC: 2026:KHC:25780 WP No. 10837 of 2026 representation dated 27.03.2026 in accordance with law. ii. This Court is not issuing notice to respondent No.4 as no adverse orders are passed by this Court. iii. The respondent No.3 before considering the representation of the petitioners dated 27.03.2026 shall issue notice and give an opportunity to respondent No.4. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 51