Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR CNR: KAHC010425702026 NC: 2026:KHC:46374 WP No. 19287 of 2026 C/W WP No. 17043 of 2026 WP No. 17049 of 2026 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 19287 OF 2026 (EXCISE) C/W WRIT PETITION NO. 17043 OF 2026 WRIT PETITION NO. 17049 OF 2026 WRIT PETITION NO. 19361 OF 2026 IN WP No. 19287/2026 BETWEEN: DINESH AGE ABOUT 38 YEARS S/O NARASE GOWDA CL2 LICENSEE S.L.N. WINES YARABALLI VILLAGE HIRIYURU TALUK CHITRADURGA DISTRICT - 577 501 …PETITIONER (BY SRI. G.K. BHAT, SENIOR COUNSEL FOR SMT. SUDHA D., ADVOCATE) AND:
1.
THE EXCISE COMMISSIONER IN KARNATAKA 2ND FLOOR, TTMC A BLOCK BMTC BUILDING, SHANTINAGAR BENGALURU - 560 027
2.
THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577 501 Digitally signed by ANNAPURNA G Location: High Court of Karnataka
- 2 -
HC-KAR CNR: KAHC010425702026 NC: 2026:KHC:46374 WP No. 19287 of 2026 C/W WP No. 17043 of 2026 WP No. 17049 of 2026 AND 1 OTHER
3.
THE DEPUTY COMMISSIONER OF EXCISE CHITRADURGA DISTRICT CHITRADURGA - 577 501 …RESPONDENTS (BY SRI. SANJAY YADAV B., AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DATED 01.06.2026 IN APPEAL NO.ECS/44/APP/2026 PASSED BY THE R1 AS PER ANNX-F AND THE ORDER DTD 10.06.2026 IN APPEAL NO.210/2026 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL AS PER ANNX-G TO THE WP.
IN WP NO. 17043/2026 BETWEEN: DINESH AGED ABOUT 38 YEARS.
S/O NARASE GOWDA, CL-2, LICENSE, S.L.N. WINES, YARABALLI VILLAGE, HIRIYURU TALUK, CHITRADURGA DISTRICT - 577 501 ...PETITIONER (BY SRI. G.K. BHAT, SENIOR COUNSEL FOR SMT. SUDHA D., ADVOCATE) AND:
THE DEPUTY COMMISSIONER OF EXCISE CHITRADURGA DISTRICT, CHITRADURGA - 577 501 ...RESPONDENT (BY SRI. SANJAY YADHAV B., AGA)
- 3 -
HC-KAR CNR: KAHC010425702026 NC: 2026:KHC:46374 WP No. 19287 of 2026 C/W WP No. 17043 of 2026 WP No. 17049 of 2026 AND 1 OTHER THIS W P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, IN NO. QUASHING THE
ORDER DT.21.08.2025 EXE/IML/HI.VA/CL-2/32/2025-26 PASSED BY THE RESPONDENT AS PER ANNEXURE-D TO THE WRIT PETITION ETC.
IN WP NO. 17049/2026 BETWEEN:
AVINASH KATTIMANI S/O KRISHNAPPA AGED ABOUT 40 YEARS, CL-9, LICENSEE, SY NO 20/1, BURUJINAROPPA VILLAGE, HIRIYURU TALUK - 577 532 CHITRADURGA DISTRICT ...PETITIONER (BY SRI. G.K. BHAT, SENIOR COUNSEL FOR SMT. SUDHA D., ADVOCATE) AND:
THE DEPUTY COMMISSIONER OF EXCISE CHITRADURGA DISTRICT, CHITRADURGA - 577 501 ...RESPONDENT (BY SRI. SANJAY YADAV B., AGA) THIS W P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI, ANY OTHER APPROPRIATE WRIT
ORDER OR DIRECTION, QUASHING THE
ORDER
- 4 -
HC-KAR CNR: KAHC010425702026 NC: 2026:KHC:46374 WP No. 19287 of 2026 C/W WP No. 17043 of 2026 WP No. 17049 of 2026 AND 1 OTHER DT.21.08.2025 IN NO. EXE/IML/HI.VA/CL-9/29/2025-26 PASSED BY THE RESPONDENT AS PER ANNEXURE-C TO THE WRIT PETITION.
IN WP NO. 19361/2026 BETWEEN:
AVINASH KATTIMANI S/O KRISHNAPPA AGE ABOUT 40 YEARS CL-9 LICENSEEE, SY.NO.20/1 BURUJINAROPPA VILLAGE HIRIYURU TALUK - 577 532 CHITRADURGA DISTRICT. ...PETITIONER (BY SRI. G.K. BHAT, SENIOR COUNSEL FOR SMT. SUDHA D., ADVOCATE) AND:
1.
THE EXCISE COMMISSIONER IN KARNATAKA 2ND FLOOR, TTMC, 'A' BLOCK BMTC BUILDING SHANTINAGAR BENGALURU - 560 027
2.
THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577 501
3.
THE DEPUTY COMMISSIONER OF EXCISE CHITRADURGA DISTRICT CHITRADURGA - 577 501 ...RESPONDENTS (BY SRI. SANJAY YADAV B., AGA FOR R1 TO R3)
- 5 -
HC-KAR CNR: KAHC010425702026 NC: 2026:KHC:46374 WP No. 19287 of 2026 C/W WP No. 17043 of 2026 WP No. 17049 of 2026 AND 1 OTHER THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI, ANY OTHER APPROPRIATE WRIT
ORDER OR DIRECTION, QUASHING THE ORDER DT.
01.06.2026 IN APPEAL NO.ECS/45/APP/2026 PASSED BY THE 1ST RESPONDENT AS PER ANNEXURE-E AND THE
ORDER DATED 10.06.2026 IN APPEAL NO. 211/2026 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL AS PER ANNEXURE -F TO THE WRIT PETITION ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER
W.P. No.19287/2026 and W.P. No.19361/2026 are filed challenging the order dated 01.06.2026 passed by respondent No.1 and orders dated 10.06.2026 passed by the Karnataka Appellate Tribunal in Appeal No.210/2026 and Appeal No.211/2026, respectively.
2. W.P. No.17043/2026 and W.P. No.17049/2026 are filed challenging the order dated 21.08.2025 passed by respondent No.1.
- 6 -
HC-KAR CNR: KAHC010425702026 NC: 2026:KHC:46374 WP No. 19287 of 2026 C/W WP No. 17043 of 2026 WP No. 17049 of 2026 AND 1 OTHER
3. Sri. G.K.Bhat, learned Senior Counsel appearing for Smt. Sudha D, learned counsel for the petitioners in all these matters submits that, the petitioners are licence holders under CL-2 and CL-9. Certain orders were passed by the Authority directing to shift the licensed premises, which were assailed by the petitioners before respondent No.1. The petitioners also sought interim relief before the said Authority. However, the interim relief sought by the petitioners could not be considered. Hence, the petitioners approached the Karnataka Appellate Tribunal. Even before the Karnataka Appellate Tribunal, the interim relief sought by the petitioners could not be considered. Therefore, the present writ petitions have been filed.
4. It is further submitted that, during the pendency of the aforesaid proceedings and the present writ petitions, respondent No.1/Authority has taken up the appeals on merits and the matters are now set down for final hearing. It is submitted that the Authority is not proceeding further with the matters in view of the
- 7 -
HC-KAR CNR: KAHC010425702026 NC: 2026:KHC:46374 WP No. 19287 of 2026 C/W WP No. 17043 of 2026 WP No. 17049 of 2026 AND 1 OTHER pendency of the present writ petitions. Hence, learned Senior Counsel seeks disposal of the writ petitions by directing respondent No.1 to dispose of the appeals on merits.
5. Sri. Sanjay Yadav B., learned Additional Government Advocate submits that he has no objection to the disposal of these writ petitions. In view of the aforesaid submissions, I am of the view that it would be appropriate to direct respondent No.1 to consider the case of the petitioners on merits and dispose of the same as expeditiously as possible.
6. With the aforesaid
submissions, the writ petitions are disposed of.
No orders to cost. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SMC/List No.: 2 Sl No.: 1