M.JAYARAM SHETTY Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner who holds CL-9 licence issued under Karnataka Excise Act, 1965 has filed the present petition seeking for issuance of Writ of Certiorari to quash the order dated 19.11.2019 at Annexure-G, whereby the Deputy Commissioner has passed an order directing keeping in abeyance the licence issued to the petitioner with immediate effect.

(2.) It is to be noted that insofar as grant of trade licence is concerned, there is a resolution dated 27.08.2019, whereby it has been resolved by the Grama Panchayat that the earlier decision of 14.08.2019 stands cancelled and there would be a renewal of licence and also collection of tax with respect to all those traders who have their buildings in Sy.No.188/2A to an extent of 4.88 acres.

(3.) It is noted that in the meanwhile respondent No.4 has filed Writ Petition in W.P. No.30488/2019 challenging the order dated 15.07.2019 passed by the Appellate Authority and Executive Officer, Taluk Panchayath whereby temporary renewal of licence was directed subject to the ultimate result of RSA No.1415/2018 and has sought for appropriate directions in the said Writ Petition. The Court initially had passed an order on 09.09.2019, wherein the Division Bench had observed that if the order dated 15.07.2019 referred to above was not yet acted upon by granting temporary licence, same shall not be acted upon till next date. However, subsequently the Division Bench by order dated 13.11.2019 had clarified that if the petitioner herein was carrying on business without trade licence, Deputy Commissioner shall take appropriate steps to ensure that the petitioner herein cannot rely upon the licence. Taking note of the said orders, the impugned order came to be passed at Annexure-G whereby the CL- 9 licence granted in favour of the petitioner has been kept in abeyance till conclusion of W.P.No.30488/2019.