SRI SANJAY ASRANI v. DEPUTY COMMISSIONER OF EXCISE
WP/6120/2026 · 2026-03-09
K S Hemalekha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7665 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7665 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14115 WP No. 6120 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.6120 OF 2026 (EXCISE)
BETWEEN:
SRI SANJAY ASRANI S/O RAGHULAL ASRANI, AGED ABOUT 61 YEARS, R/AT NO.2, AUM VILLA APARTMENTS, 41 BENSON, B CROSS ROAD, BENSON TOWN, BENGALURU–560 046. …PETITIONER
(BY SRI MANIKANTA H.B., ADVOCATE)
AND:
1.
DEPUTY COMMISSIONER OF EXCISE, BENGALURU URBAN DISTRICT-1 (BUD-1),
NO.02, 3RD FLOOR, 3RD CROSS, 1ST MAIN ROAD,
YESHWANTHAPURA INDUSTRIAL SUBURB,
BENGALURU–560 022.
2.
THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT,
K.G. ROAD, AMBEDKAR VEEDHI,
BENGALURU–560 009. …RESPONDENTS
(BY SRI MANJUNATH B., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCEEDINGS INITIATED BY THE 1ST RESPONDENT / RESPONDENTS IN PROCEEDINGS NOTICE BEARING NO.EXE/BUD- 1/VA.NO.1/BATHAMA/DOORU/04/2023-24 DATED 19.01.2026 PRODUCED AT ANNEXURE-E.
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14115 WP No. 6120 of 2026
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
The petitioner has called in question the notice dated 19.01.2026 issued by respondent No.1-Deputy Commissioner of Excise, Bengaluru Urban District-1 proceedings bearing No.EXE/BUD-1/V-1/CL- 9/Bhatam/Dooru/04/2023-24 (Annexure-E), whereby the petitioner has been directed to appear before the authority in connection with certain proceedings initiated against the CL-9 licence held by the petitioner.
Brief facts:
2. The petitioner claims to be the holder of CL-9 licence in respect of a liquor shop situated at No.2052/B, 3rd stage Yelahanka, Bengaluru. It is stated that one Appaji G. had earlier submitted an objection dated 09.10.2023 opposing the shifting of petitioner's CL-9 shop. Subsequently, the said objector is stated to have
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HC-KAR NC: 2026:KHC:14115 WP No. 6120 of 2026
withdrawn the objection by a written communication dated
05.12.2023. Despite the withdrawal of the objection, respondent No.1 issued the impugned notice dated 19.01.2026 calling upon the petitioner to appear before the authority on 09.02.2026. Aggrieved by the issuance of the said notice, the petitioner has approached this Court.
3.
Learned counsel appearing for the petitioner contends that the impugned notice is only unsustainable in law. It is submitted that the very complaint on the basis of which the proceedings have been initiated had already been withdrawn by the complainant, and therefore the respondent could not have proceeded further in the matter. It is further submitted that the impugned notice does not disclose the nature of proceedings and initiation of such proceedings is arbitrary and without jurisdiction. Hence prays that the impugned notice and the proceedings initiated pursuant thereto be quashed.
4. Per contra, learned Additional Government Advocate appearing for the respondents submits that the
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HC-KAR NC: 2026:KHC:14115 WP No. 6120 of 2026
impugned notice is only a notice, calling upon the petitioner to appear before the competent authority and no final order adverse to the petitioner has been passed. It is submitted that the petitioner had an opportunity to place all his objection and explanation before the authority and that the writ petition is premature and the petitioner may be relegated to participate in the proceedings before the competent authority.
5. This Court has carefully considered the rival
submissions and perused the material on record.
6. It is evident that the impugned communication is only a notice issued by the competent authority calling upon the petitioner to appear before it in connection with the proceedings initiated under relevant provisions governing the CL-9 licence. That said notice by itself does not determine any rights of the petitioner. It is open for the petitioner to place all his objections, including the contention that the complainant had already withdrawn the objections, before the competent authority.
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HC-KAR NC: 2026:KHC:14115 WP No. 6120 of 2026
7. In the circumstances, this Court is of the view that interference at this stage is not warranted. However, the petitioner ought to be accorded an opportunity to place his objection before the competent authority. Accordingly, the writ petition is disposed of reserving liberty to the petitioner to file his objections before the competent authority.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
AT List No.: 1 Sl No.: 30