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2026 DAILYLAW 4748 (KAR)

SRI. NAVEEN KUMAR S R v. THE STATE OF KARNATAKA

WP/37301/2025 · 2026-04-06

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18479 WP No. 37301 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.37301 OF 2025 (EXCISE) BETWEEN: SRI NAVEEN KUMAR .S.R S/O V. SIDDARAJU, AGED ABOUT 30 YEARS, R/AT MALIYAPPANAHALLI, DODDA KADATURU, KOLAR-563130. &PETITIONER (BY SRI MAHESHKIRAN SHETTY S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF EXCISE VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER OF EXCISE OFFICE OF THE EXCISE COMMISSIONER 2ND FLOOR, TTMC 8A9 BLOCK, BMTC BUILDING, SHANTINAGAR, BENGALURU-560027. 3. THE DEPUTY COMMISSIONER OF EXCISE (BUD-7) BENGALURU URBAN DISTRICT-7 (BUD-7), NO.380, <ITTINA CENTRE=, 2ND FLOOR, 16TH MAIN, 3RD BLOCK, KORAMANGALA, BENGALURU-560034. 4. THE INSPECTOR OF EXCISE OFFICE OF THE INSPECTOR OF EXCISE RANGE 40 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18479 WP No. 37301 of 2025 BENGALURU URBAN DISTRICT-7 (BUD-7), NO.380, <ITTINA CENTRE=, 2ND FLOOR, 16TH MAIN, 3RD BLOCK, KORAMANGALA, BENGALURU-560034. &RESPONDENTS (BY SRI MANJUNATH B., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION DIRECTING THE RESPONDENT NO.2 TO APPROVE THE PROPOSAL SET BY THE RESPONDENT NO.3 SEEKING APPROVAL VIDE INTER- OFFICE COMMUNICATION BEARING NO.EXE/BUD-7/17(B)/V- 40/102/2023-24 DATED 31.01.2024 VIDE ANNEXURE-E AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking for the following prayers: <a) Issue a Writ in the nature of Mandamus or any other appropriate Writ or direction directing the Respondent No.2 to approve the proposal set by the Respondent No.3 seeking approval vide inter-office communication bearing No. EXE/BUD-7/17(B)/V- 40/102/2023-24 dated 31.01.2024 vide Annexure-E; b) Issue a Writ in the nature of Mandamus or any other appropriate Writ or direction directing the Respondents No.2 and 3 to consider the application - 3 - HC-KAR NC: 2026:KHC:18479 WP No. 37301 of 2025 filed under Rule 17B of the Karnataka Excise (General Conditions of License) Rules, 1967 dated 30.01.2024 vide Annexure-C; c) Issue a Writ in the nature of Mandamus or any other appropriate Writ or direction directing the Respondents No.2 and 3 to consider the representation given by the Petitioner to the Respondent No.2 dated 23.06.2025 vide Annexure-F; d) Issue such other reliefs as this Hon'ble Court deems fit to grant in favour of the Petitioner by this Hon'ble Court in view of the facts and circumstances of the cases, in the interest of justice and equity.= Brief facts: 2. The petitioner intended to secure transfer of CL- 9 licence held by RGV Brewing LLP, which was valid upto 30.06.2030. Pursuant to the negotiation, the petitioner applied for transfer of the licence under Rule 17B of the Karnataka Excise (General Conditions of Licence) Rules, 1967 (<Rules, 1967= for short) by paying requisite fees. 3. Respondent No.3 forwarded the proposal for approval to respondent No.2 on 31.01.2024. Despite lapse - 4 - HC-KAR NC: 2026:KHC:18479 WP No. 37301 of 2025 of nearly two years and submission of representation dated 23.06.2025, no decision was taken, leading to the filing of the present writ petition. 4. Learned counsel for the petitioner submits that the proposal for transfer has been duly transferred by respondent No.3, necessary fees have been paid and all procedural requirements are complied with and the representation dated 23.06.2025 (Annexure-F) has remained unattended. 5. Learned Additional Government Advocate appearing for the respondents submits that the proposal could not be considered due to the pending enquiry concerning RGV Brewing LLP. However, the representation of the petitioner would be considered in accordance with law, within a time bound manner. 6. Having regard to the submission and the grievance of the petitioner is limited to inaction, the grievance of the petitioner would stand redress if - 5 - HC-KAR NC: 2026:KHC:18479 WP No. 37301 of 2025 necessary direction are issued to the respondent. Accordingly, this Court pass the following: ORDER i. The writ petition is disposed of. ii. Respondent Nos.2 and 3 are directed to consider the petitioner's representation dated 23.06.2025 (Annexure-F), bearing in mind the proposal forwarded by respondent No.3 and pass appropriate orders, in accordance with law, within a period of four (4) weeks from the date of receipt of the copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 21