SARASWATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners and the learned Additional Government Advocate appearing for the first to fourth respondents.

(2.) An application has been made by Mysore Sales International Ltd. (sixth and seventh respondents) for a license CL-11C under the provisions of the Karnataka (Sale of Indian and Foreign Liquor) Rules, 1968, (for short the said Rules of 1968) The contentions raised in this petition can be summarized as under:

(3.) The learned Additional Government Advocate relied upon the statement of objections. His first submission is that it is found that within 100 meters from the premises in respect of which the license is sought, the persons belonging to Scheduled Castes and Scheduled Tribes are not residing. He pointed out that in the spot inspection of 26th November 2019, it was found that there are no objectionable places within the distance of 100 meters from the premises. He pointed out what is stated in paragraph-11 which records that SVM Hospital is at a distance of 150 meters and Ansariya Yateem Khana is 400 meters. It is stated that the distance between the subject premises and the National Highway No.275 is 140 meters. He pointed out that reservation of a particular constituency has nothing to do with the population of inhabitants of the Scheduled Castes and Scheduled Tribes in that particular ward. He pointed out that the population of the concerned Grama Panchayath area is 1976 and out of which 270 persons belong to Scheduled Castes and 108 belong to Scheduled Tribes. He submitted that there is no violation of conditions imposed by Rule 5 of the Karnataka Excise License (General Conditions) Rules, 1967 (for short 'the said Rules of 1967'). On a query made by the Court, he stated that as of today, a license has not been granted to the sixth and seventh respondents in respect of the premises in question.