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2026 DAILYLAW 49031 (KAR)

SRI. B S GOWDA v. THE STATE OF KARNATAKA

WP/19808/2025 · 2026-01-28

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4494 WP No. 19808 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 19808 OF 2025 (EXCISE) BETWEEN: SRI. B.S. GOWDA SOCIAL ACTIVIST AGED ABOUT 43 YEARS R/AT NO.24, 1ST FLOOR 2ND MAIN ROAD, 5TH BLOCK BENGALURU-560 090 …PETITIONER (BY SMT. SHAMITHA, ADVOCATE FOR SRI. KRISHNA MURTHY N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF EXCISE REP. BY PRINCIPAL SECRETARY VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001 2. THE DEPUTY COMMISSIONER EXCISE DEPARTMENT NO.334/6, 1ST FLOOR KSBCL COMPLEX, BYATARAYANPURA MYSORE ROAD BANGALORE-560 026 3. THE INSPECTOR OF EXCISE EXCISE DEPARTMENT TTMC BUILDING, 4TH FLOOR Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4494 WP No. 19808 of 2025 NGO COLONY, WILSON GARDEN SHANTINAGAR BENGALURU-560 027 4. MACHOHALLI GRAMA PANCHAYAT OFFICE REP. BY ITS SECRETARY DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE-560 091 5. MAHESH S/O RAMACHANDRAIA AGED ABOUT 45 YEARS MARUTHI BOARDING AND LODGING SY.NO.50, PLOT NO.13 BYANDAHALLI, DASANAPURA HOBLI BENGALURU NORTH …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA, AGA FOR R1 TO R3; SRI. SATISH R. GIRJI, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Shamitha, counsel on behalf of Sri.Krishna Murthy N., for the petitioner, Sri.Satish or Girji, counsel for respondent No.5 and Additional Government Advocate for respondent Nos.1, 2 and 3 appeared in person. - 3 - HC-KAR NC: 2026:KHC:4494 WP No. 19808 of 2025 Sri.Satish R.Girji, counsel has filed vakalath for respondent No.5, is accepted. 2. The writ petition is filed seeking the following prayers: (i) Issue a writ of mandamus or any other appropriate writ, order or direction, restraining the respondents from issuing, processing, or granting any CL-7 excise license in fvour of respondent No.5 in respect of the premises situated at Survey No.50, Nandana Layout, Survey No.13, Byadrahalli Village, falling within Machohalli Grama Panchayat limits, Bengaluru North Taluk; (ii) Direct the respondent not to proceed with any steps relating to the issuance of CL-7 license in violation of land conversion, occupancy certificate, tax clearance and Panchayat permissions; (iii) Grant such other and further reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case and in the interest of justice and equity. 3. Counsel Sri.Satish R.Girji submits that a memo has been filed stating that the writ petition has become infructuous as the department concerned has issued CL-7 licence in favour - 4 - HC-KAR NC: 2026:KHC:4494 WP No. 19808 of 2025 of respondent No.5. Counsel therefore, submits that the memo may be placed on record and writ petition may be dismissed. 4. The submission and the memo is placed on record. 5. A perusal of the same reflects that the department concerned has issued CL-7 licence in favour of respondent No.5. Hence, the prayer sought in the writ petition cannot be accorded at this juncture. If at all the petitioner has any grievance as against the issuance of grant of licence in favour of respondent No.5, he may be at liberty to agitate his grievance before the appropriate forum. 6. Accordingly, writ petition is dismissed. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 4