- 1 - HC-KAR NC: 2026:KHC:2205-DB WP No. 36974 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 36974 OF 2025 (EXCISE-PIL) BETWEEN: 1. SRI SATHISH M S/O MUNIYAPPA AGED ABOUT 34 YEARS RESIDENTIAL ADDRESS - NO. 59 GOLLAHALLI ROAD HEBBUGODI, MUNIYAPPA BUILDING BENGALURU - 560 100 …PETITIONER (BY SRI. CHANDAN SHREEKANT MALAPUR.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF EXCISE VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE COMMISSIONER DEPARTMENT OF EXCISE TTMC SHANTHINAGAR WILSON GARDEN BANGALORE - 560 027 Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2205-DB WP No. 36974 of 2025 3. THE DEPUTY COMMISSIONER DEPARTMENT OF EXCISE BENGALURU URBAN DISTRICT BENGALURU - 560 008 4. THE MUNCIPAL COMMISSIONER DEPARTMENT OF EXCISE HEBBUGODI AMBEDKAR ROAD ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 099 5. SREE KANAKA ENTERPRISES (BOARDING AND LODGING) REP BY LICENSE HOLDERS NO.113/3, WARD NO-13 R NARASIMHA REDDY BUILDING GOLLAHALLI ROAD HEBBUGODI MUNIYAPPA BUILDING BENGALURU - 560 100 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 4 & SRI MOHAN BHAT, ADVCOATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND PERUSE THE SAME, PERTAINING TO THE TRADE LICENCE NO.HBG-TL-559961-2025-26 ISSUED ON 07/08/2025 AND ITS SUBSEQUENT CANCELLATION ON 26/09/2025 VIDE ANNEXURES-K AND L, IN RESPECT OF RESPONDENT NO.5 AT SURVEY NO.143/3, GOLLAHALLI MAIN ROAD, HEBBUGODI & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2205-DB WP No. 36974 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition as a Public Interest Litigation, inter alia praying as under: a. Call for the records and peruse the same, pertaining to the Trade License No. HBG-TL- 559961-2025-26 issued on 07.08.2025 and its subsequent cancellation on 26.09.2025 vide ANNEXURE- K and L, in respect of Respondent No. 5 at Survey No. 143/3, Gollahalli Main Road, Hebbugodi; b. Call for the records and peruse the same, pertaining to the Trade License No. HBG-TL- 573071-2025-26 issued on 17.10.2025 and its subsequent cancellation on 24.10.2025 vide ANNEXURE-M & P, in respect of Respondent No. 5 at Survey No. 143/3, Gollahalli Main Road, Hebbugodi; c. Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction, directing the Respondent Nos. 1, 2, and 3 to permanently refrain and prohibit themselves from issuing any license (including CL-7, or any other form of Bar & Restaurant license) to Respondent No. 5 (SREE KANAKA ENTER PRISES) at Survey No. 143/3, Gollahalli Main Road, Hebbugodi, due to the - 4 - HC-KAR NC: 2026:KHC:2205-DB WP No. 36974 of 2025 cancellation of the Trade License, violation of respective rules, and the unauthorized nature of the illegally constructed building; d. Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction, directing the Respondent No. 4 to permanently uphold the cancellation of the Trade License No. HBG-TL- 573071-2025-26 and not issue any further trade license that could facilitate the opening of a Bar & Restaurant at the said location, in public interest; e. Consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case, in the ends of justice and equity. 2. It is the petitioner's case that Respondent No.5 is neither entitled to a trade license nor an excise license for carrying on its enterprises on a site located in Survey No.143/3, Gollahalli Main Road, Hebbugodi. 3. A plain reading of the averments made in the petition indicate that the trade license has been cancelled and an excise license (CL-7) has not been granted to the respondent No.5, As such, the present petition is premature and to pre-empt the concerned authorities to pass considered orders in this regard. 4. We find the present petition is unjustified imposition on judicial time. Accordingly, the petition is dismissed with costs - 5 - HC-KAR NC: 2026:KHC:2205-DB WP No. 36974 of 2025 quantified at Rs.20,000/-. The costs shall be deposited to the Karnataka State Legal Services Authority within a period of two weeks from date. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD List No.: 2 Sl No.: 3