ANITHA Vs. EXCISE COMMISSIONER IN KARNATAKA

JUDGEMENT

(1.) Petitioner being a wine shop owner with CL2 license granted under the provisions of Karnataka Excise Act, 1965 and the Rules made thereunder is invoking the writ jurisdiction of this Court for assailing the orders whereby she has been directed to shift the shop premises to some other place away from the SC & ST Colony in terms of Rule 5 of the Karnataka Excise Licenses (General Conditions) Rules 1967.

(2.) Learned AGA on request having accepted notice for the respondents vehemently opposes the petition contending that stating that the subject matter of this writ petition is substantially covered by judgment dated 09.01.2020 in W.P. No.50590/2018 rendered by this Court in the case of V.VENKATARAJU VS. THE EXCISE COMMISSIONER IN KARANATAKA & ANOTHER and that the same has been affirmed by the Division Bench of this Court in W.A.No.72/2020(Excise) disposed off vide order dated 20.03.2020, a copy whereof is placed on record.

(3.) In response, the learned counsel for the petitioner submits that, contention of the learned AGA is true; however, the Division Bench has graciously accepted fair offer of the Licensee therein, has permitted him to run the business for three months i.e., till 30.06.2020 for facilitating the shifting of the premises; the petitioner being placed in a similar circumstance, the same grace needs to be extended to her as well, there being militating circumstances.