THE STATE OF KARNATAKA, v. SRI.P.KRISHNASWAMY NAIDU,
WA/534/2026 · 2026-04-16
C M Poonacha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4327 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4327 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:20744-DB WA No. 534 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. 534 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
3.
THE DEPUTY COMMISSIONER OF EXCISE BENGALURU URBAN DISTRICT - 04 BENGALURU
4.
THE DEPUTY COMMISSIONER OF EXCISE BENGALURU URBAN DISTRICT - 06 BENGALURU …APPELLANTS (BY SRI SHASHIKIRAN SHETTY K., ADVOCATE GENERAL A/W SMT. PRATHIMA HONNAPURA, AAG & SMT. NAMITHA MAHESH B.G., AGA)
AND:
1.
SRI P. KRISHNASWAMY NAIDU CL-9 LICENSEE SINCE DECEASED BY HIS LRS
Digitally signed by AMBIKA H B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:20744-DB WA No. 534 of 2026
1(a)
SMT. K. SAMPOORNA PANDIYAN W/O PANDIYAN AGED ABOUT 65 YEARS R/AT NO.1/169 KUNDHARAPALLI, RAMAPURAM POST KRISHNAGIRI, TAMILNADU - 635 115
1(b)
SRI K. CHANDRASHEKHAR S/O KRISHNA SWAMY NAIDU AGED ABOUT 67 YEARS R/AT NO.10, NARASIMHA MESTRI GALLI 1ST CROSS, CHICKPET BANGALORE - 560 053
1(c)
SMT K. MANJULA W/O V. VENKATESH AGED ABOUT 62 YEARS R/AT NO.20, SRI BALAJI NIVAS KUVEMPU ROAD, R.S. PALYA MARUTHI SEVA NAGARA KAMMANAHALLI BANGALORE - 560 033
1(d)
SMT. BHARATHI. K W/O NARAYANA SWAMY G.O.
AGED ABOUT 58 YEARS R/O. NO. 552 OPP. SEETHARAMANJANEYA RICE MILL ARKESHWARA NAGARA MANDYA - 571 403
1(e)
SRI K. RAVIKUMAR S/O. KRISHNA SWAMY NAIDU AGED ABOUT 56 YEARS R/AT NO. 5, N.M.LANE NEAR COTTONPET POLICE STATION COTTONPET, BANGALORE - 560 053 …RESPONDENTS (BY SRI B.N. SHETTY, ADVOCATE FOR R-1(a to d))
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE INTERIM ORDER DATED 12.01.2026 PASSED IN W.P. No. 248/2026
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HC-KAR NC: 2026:KHC:20744-DB WA No. 534 of 2026
(EXCISE) PASSED BY THE LEARNED SINGLE JDUGE 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. The appellants have filed the present appeal impugning an interim order dated 12.01.2026 passed by the learned Single Judge in Writ Petition No.248/2026 (Excise).
2. 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.
3. The said issues are squarely covered by a judgment dated 15.04.2026 passed by this Court in Writ Appeal No.541/2026 (Excise).
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HC-KAR NC: 2026:KHC:20744-DB WA No. 534 of 2026
4. Accordingly, the present appeal is allowed and the impugned
order is set aside.
5. 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.
6. It is clarified that the present order will not preclude the respondents from agitating the same before the learned Single Judge.
7. The pending interlocutory applications also stand disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
AHB List No.: 2 Sl No.: 24.7