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2026 DAILYLAW 34556 (KAR)

SRI.ASWATHA NARAYANA REDDY v. THE STATE OF KARNATAKA

WP/23621/2026 · 2026-08-03

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010522222026 NC: 2026:KHC:40610 WP No. 23621 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23621 OF 2026 (EXCISE) BETWEEN: 1. SRI.ASWATHA NARAYANA REDDY S/O LATE VENKATA SWAMY REDDY AGED ABOUT 64 YEARS, R/AT OPP. MANVI CONVENTION HALL 1ST SECTOR, HSR LAYOUT BENGALURU KARNATAKA-560 102 2. SRI. KARTHIK A S/O LATE VENKATA SWAMY REDDY AGED ABOUT 35 YEARS, R/AT OPP. MANVI CONVENTION HALL 1ST SECTOR, HSR LAYOUT BENGALURU, KARNATAKA-560 102 …PETITIONERS (BY SRI. PRASHANTH S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU -560 001 2. THE COMMISSIONER OF EXCISE OFFICE OF THE EXCISE COMMISSIONER, 2ND FLOOR, TTMC A BLOCK, BMTC BUILDING, SHANTINAGAR, BENGALURU -560 027 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010522222026 NC: 2026:KHC:40610 WP No. 23621 of 2026 3. THE DEPUTY COMMISSIONER OF EXCISE (BUD-5) BENGALURU URBAN DISTRICT, BENGALURU-560 027 4. THE INSPECTOR OF EXCISE RANGE 30, MAHADEVAPURA, (BUD-5) BENGALURU-560048 …RESPONDENTS (BY SRI.MANJUNATHA B., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENTS NO.2 AND 3 TO CONSIDER AND DISPOSE OF THE PETITIONERS APPLICATION DATED 30/3/2026 VIDE ANNEXURE-E SEEKING TRANSFER OF CL-BAR LICENSE OF FORM CL-9 FOR THE EXCISE YEAR 2025-26 VIDE REGISTRATION NO. BURI3521- ARVB AND RVB LICENSE BEARING REGISTER NO. BURI3521- ARVB IN THE NAME OF THE PETITIONERS STANDING IN THE NAME OF LATE SRI PREMAMMA. V IN FAVOUR OF THE PETITIONERS ON THE BASIS OF THE REGISTERED WILL, (ANNEXURE-F) WITHIN A TIME FRAME FIXED BY THIS HONBLE COURT. 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 CNR: KAHC010522222026 NC: 2026:KHC:40610 WP No. 23621 of 2026 ORAL ORDER The petitioners are before this Court seeking the following prayer: “The Petitioner respectfully prays that this Hon'ble Court may be pleased to: a) Issue a writ of Mandamus directing Respondents No.2 and 3 to consider and dispose of the petitioner's application dated 30/03/2026 vide Annexure-E seeking transfer of CL-Bar license of Form CL-9 for the excise year 2025-26 vide registration No.BURI3521- ARVB and RVB license bearing Register No. BURI3521-ARVB in the name of the Petitioners standing in the name of Late Sri Premamma. V in favour of the petitioners on the basis of the registered Will (Annexure-F), within a time frame fixed by this Hon'ble Court. b) Declare that the inaction of the respondents in not considering the petitioner's application is arbitrary, illegal and violative of Articles 14 and 226 of the Constitution of India. c) Direct the respondents to pass a reasoned and speaking order after affording the petitioner an opportunity of hearing, in accordance with the Karnataka Excise Act, 1965 and the applicable Rules. d) Issue such other reliefs as this Hon'ble Court deems fit to grant in favour of the Petitioners by this Hon'ble Court in view of the facts and circumstances of the cases, in the interest of justice and equity.” 2. Learned counsel for the petitioners submits that they have made a representation to the respondents dated - 4 - HC-KAR CNR: KAHC010522222026 NC: 2026:KHC:40610 WP No. 23621 of 2026 30.03.2023, seeking transfer of the CL-Bar licence for the excise year 2025-26, standing in the name of the late Smt. Premamma.V, in favour of the petitioners, on the basis of a registered Will, and that the respondents have failed to consider the same. 3. Learned AGA, who takes notice on behalf of respondent Nos. 1 to 4, submits that they will consider the same in accordance with law. 4. Having heard learned counsel on either side, perused the material on record. Considering the fact that the representation is pending before the respondent, this Court is passing the following: ORDER i. The representation dated 30.03.2026 shall be considered by the respondents in accordance with law after due notice to all the concerned parties. ii. Accordingly, the writ petition is disposed of. - 5 - HC-KAR CNR: KAHC010522222026 NC: 2026:KHC:40610 WP No. 23621 of 2026 iii. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 54