- 1 - HC-KAR NC: 2026:KHC-D:2241 WP No. 100373 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100373 OF 2026 (EXCISE) BETWEEN: 1. SUREKHA W/O. RAHUL KHOT AGE: 27 YEARS, OCC: HOUSEWIFE, R/O. SHIVAPURWADI, TQ: NIPPANI, DIST: BELAGAVI, NOW R/O. C/O. SHRI. BALAPPA SHIDAPPA MANAGAVI, HEBBAL, TQ: HUKKERI, DIST: BELAGAVI. 2. PRANEET S/O. RAHUL KHOT AGE: 3 YEARS, OCC: NIL, R/O. SHIVAPURWADI, TQ: NIPPANI, DIST: BELAGAVI, NOW R/O. C/O. SHRI BALAPPA SHIDAPPA MANAGAVI HEBBAL, TQ: HUKKERI, DIST: BELAGAVI, SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN MOTHER (PETITIONER NO.1) SUREKHA W/O. RAHUL KHOT, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O. SHIVAPURWADI, TQ: NIPPANI, DIST: BELAGAVI, NOW R/O. C/O. SHRI. BALAPPA SHIDAPPA MANAGAVI, HEBBAL, TQ: HUKKERI, DIST: BELAGAVI. …PETITIONERS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EXCISE, BENGALURU-560001. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.20 11:36:21 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2241 WP No. 100373 of 2026 2. THE COMMISSIONER OF EXCISE TTMC ‘A’ BLOCK, SHANTINAGAR, BENGALURU-560027. 3. THE DEPUTY COMMISSIONER BELAGAVI, DIST: BELAGAVI-590001. 4. THE DEPUTY COMMISSIONER OF EXCISE BELAGAVI NORTH DIST CHIKKODI, AT. CHIKKODI, TQ: CHIKKODI, DIST: BELAGAVI-591201. 5. THE INSPECTOR OF EXCISE CHIKKODI RANGE, CHIKKODI, DIST: BELAGAVI-591201. 6. THE M.B.FRIENDS CLUB #100/18+19, SHIVAPURWADI CROSS, KUNNUR, AT POST. KUNNUR, TQ: NIPPANI, DIST: BELAGAVI-591201, REPRESENTED BY ITS SECRETARY. 7. RAHUL S/O. DASHRATH KHOT AGED 32 YEARS, OCC: AGRICULTURE, R/O. SHIVAPURWADI, TQ: NIPPANI, DIST: BELAGAVI-591215. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 TO R5; SRI. SREEVATSA S.HEGDE, ADVOCATE FOR R6; NOTICE TO R7 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 TO 5 TO NOT TO ISSUE CL-4 LICENSE TO THE RESPONDENT NO.6 BY CONSIDERING THE OBJECTIONS AND REPRESENTATIONS SUBMITTED BY THE PETITIONERS VIDE ANNEXURE-F TO F4 AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:2241 WP No. 100373 of 2026 ORAL ORDER 1. The petitioners are seeking a writ of mandamus directing respondent Nos.1 to 5 not to issue CL-4 licence in favour of respondent No.6 - M. B. Friends Club, by considering the objections / representations submitted by the petitioners at Annexures-F to F4. 2. When the matter was listed for dictation, learned counsel for the petitioners submitted that, during the pendency of the writ petition, respondent No.4 has considered the representations submitted by the petitioners and issued an endorsement dated 27.01.2026 and files a memo to that effect, which reads as under: MEMO The Petitioner's most humbly beg to submits as under: - That during pendency of the writ Petition, the 4th respondent has considered the Representations of the Petitioner and issued an endorsement dated 27/1/2026, the copy of the - 4 - HC-KAR NC: 2026:KHC-D:2241 WP No. 100373 of 2026 endorsement is enclosed along with this memo, under these circumstances, petitioners are required to challenge the impugned endorsement dated 27/1/2026 before the appropriate authority as provided under the Karnataka Excise Act. Wherefore in view of subsequent development, it is most humbly prayed that this Hon'ble court please to permit the petitioners to withdraw the writ petition with liberty to challenge the impugned endorsement dated 27/1/2026 issued by the 4th respondent before the appropriate authority as provided under the Karnataka excise Act by allowing this memo in the interest of Justice and equity. 3. Learned counsel for the petitioner submits that, since an endorsement now been issued by the Competent Authority, the petitioners proposed to avail the statutory remedy available under the Karnataka Excise Act, 1961. Hence, liberty to withdraw the writ petition is sought. - 5 - HC-KAR NC: 2026:KHC-D:2241 WP No. 100373 of 2026 4. Learned counsel appearing for respondent No.6 submits that the authorities be directed to consider the application independently and strictly in accordance with law. 5. In view of the endorsement dated 27.01.2026 issued by respondent No.4 during the pendency of the writ petition, the relief originally sought in the present petition does not survive for consideration and the permission sought by the petitioner to withdraw the writ petition with liberty deserves to be granted. 6. At the same time, it is necessary to clarify that the application filed by respondent No.6 for grant of licence shall be considered strictly in accordance with law. 7. Accordingly, this Court pass the following: ORDER i. The writ petition is dismissed as withdrawn. - 6 - HC-KAR NC: 2026:KHC-D:2241 WP No. 100373 of 2026 ii. Liberty is reserved to the petitioner to challenge the endorsement dated 27.01.2026 issued by respondent No.4 before the appropriate authority, in accordance with law. iii. The respondent authority shall consider the application filed by respondent No.6 strictly in accordance with law. iv. All contentions of the parties are kept open. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 37