Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 52356 (KAR)

SRI RAVINDRA MARUTI PATROT v. THE STATE OF KARNATAKA

WP/100708/2026 · 2026-01-31

K S Hemalekha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:1347 WP No. 100708 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100708 OF 2026 (GM-RES) BETWEEN: 1. SRI. RAVINDRA MARUTI PATROT, AGED 47 YEARS, OCC: AGRICULTURE, 2. SRI. PRAKASH PURANDAR INGALE AGED 51 YEARS, OCC: AGRICULTURE, 3. SRI. SURESH YALLAPPA RENTI AGED 39 YEARS, OCC: AGRICULTURE, 4. SRI. SIDDAPPA KRISHNAPPA KALELI AGED 34 YEARS, OCC: AGRICULTURE, 5. SMT. GOURABAI BABU CHOUGULA AGED 62 YEARS, OCC: HOUSEHOLD WORK, ALL ARE R/O. CHINCHALI, TQ: RAIBAG, DIST: BELAGAVI-590001. …PETITIONERS (BY SRI. RAMACHANDRA A.MALI, ADVOCATE FOR SRI. SUNIL KHOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRL. SECRETARY, DEPT. OF FINANCE (EXCISE), M S BUILDING, BENGALURU-01. 2. THE COMMISSIONER OF EXCISE, 2ND FLOOR, TTMC, A-BLOCK, BMTC, SHANTINAGAR, BENGALURU-27. 3. THE DY. COMMISSIONER OF EXCISE, BELAGAVI DISTRICT, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.31 17:41:19 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1347 WP No. 100708 of 2026 BELAGAVI-590001. 4. THE DY. COMMISSIONER BELAGAI DISTRICT, BELAGAVI-590001. 5. THE ASST. COMMISSIONER CHIKODI SUB-DIVISION, CHIKODI, DIST: BELAGAVI-590001. 6. THE TAHASILDAR, RAIBAG, TQ: RAIBAG, DIST: BELAGAVI-590001. 7. THE CHIEF OFFICER, CHINCHALI TOWN PANCHAYAT, CHINCHALI, TQ: RAIBAG, DIST: BELAGAVI-590001. …RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDE IN THE LIKE NATURE, DIRECTING THE RESPONDENTS HEREIN TO CONSIDER THEIR REPRESENTATION DATED 13.1.2026 PRODUCED AT ANNEXURE-D AS PER THE ORDER DATED 14.2.2017 PASSED BY THIS HON’BLE COURT IN W.P NO.5722/2017 (GM-RES-PIL) AND ACCORDINGLY DIRECT THE RESPONDENTS TO ISSUE NOTIFICATION FOR CLOSURE OF LIQUOR SHOPS/BARS IN CHINCHALI TOWN PANCHAYAT DURING THE ANNUAL MAYAKKAY DEVI TEMPLE CHINCHALI FAIR SCHEDULED TO BE HELD BETWEEN 1-2-2026 TO 09-2-2026 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:1347 WP No. 100708 of 2026 ORAL ORDER The petitioners, who are the residents of Chinchali village, Raibag Taluk, Belagavi District, have approached this Court seeking a writ of mandamus directing the respondents, particularly respondent No.4-Deputy Commissioner, Belagavi District to consider their representation dated 13.01.2026 [Annexure-D] and further to issue a notification for closure of Liquor Shops/Bars in Chinchali Town Panchayat during the annual Jatra/Fair of deity Mayakka Devi Temple, Chinchali, scheduled to be held on 01.02.2026 to 09.06.2026. 2. The grievance of the petitioners is that, notwithstanding the submission of the representation well in advance, no decision has been taken by the competent authority. It is contended that during previous years, permission for sale of Liquor during the annual Jatra resulted in law and order problems, disturbance to religious activities and breach of public peace. - 4 - HC-KAR NC: 2026:KHC-D:1347 WP No. 100708 of 2026 3. Learned counsel for the petitioners submits that Section 21 of the Karnataka Excise Act, 1965 (“the Act 1965” for short) empowers the authorities to order closure of Liquor Shops during festivals, processions or when there is a threat to maintenance of law and order. It is further submitted that this Court, in W.P.No.5722/2017 [GM-RES- PIL] had earlier directed the authorities to consider closure of Liquor Shops during the said annual Fair and to take appropriate decision in that regard. 4. It is also pointed out that the festival is an annual event attracting a large congregation of devotees and that the villagers are repeatedly constrained to approach this Court every year due to the inaction on part of the authorities, despite the earlier directions issued by this Court. 5. This Court is conscious of the fact that maintenance of law and order squarely falls within the domain of the District Administration, particularly the - 5 - HC-KAR NC: 2026:KHC-D:1347 WP No. 100708 of 2026 Deputy Commissioner. However, when a large religious gathering, fair or procession is scheduled, the Deputy Commissioner is duty bound to assess the situation and take a timely and reasoned decision as to ”whether temporary closure of Liquor Shops/Bars is necessary to ensure peaceful conduct of the event” 6. In the facts and circumstances of the case, having regard to the limited prayer made in the writ petition, this Court is of the view that, the grievance of the petitioners can be adequately addressed by directing consideration of the representation in accordance with law. 7. Accordingly, this Court pass the following; ORDER i) The writ petition is disposed of. ii) Respondent No.4-Deputy Commissioner, Belagavi District, is directed to consider the petitioners’ representation dated 13.01.2026 [Annexure-D] and take a decision as to whether closure of ‘Liquor - 6 - HC-KAR NC: 2026:KHC-D:1347 WP No. 100708 of 2026 Shops’ and ‘Bars’ in Chinchali Town Panchayat, is warranted during the annual ‘Mayakka Devi Temple Jatra/Fair’ scheduled to be held on 01.02.2026 to 09.02.2026 and pass appropriate orders in accordance with law at the earliest. Sd/- JUSTICE K.S.HEMALEKHA PJ/Ct:VH List No.: 38 Sl No.: 2