RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is the co-owner of the property bearing No.1475 measuring 8714 square feet situated in Saudi Gram, Gadag. On the said property, 600 square feet is constructed for commercial purpose and part of the same property was given on rent to the 6th respondent namely "Friends Association, Sudi" (for short, 'the Association') on lease/rent basis which was executed on 30/6/2017.

(2.) Learned counsel for the petitioner submits that during pendency of the lease agreement, respondent No.6-tenant, who was holder of CL-4 licence was supposed to use the said premises for the purpose of recreation activities and serving of liquor in a separate room exclusively to the members of the Association. But instead of confining to the regulations and terms and conditions of the licence issued, the 6th respondent has violated the same in serving liquor to strangers, who are not the members of the Association. Despite petitioner informing this fact to the 6th respondent-tenant, he has not adhered to follow the Rules and Regulations of licence.

(3.) It is further contended that he has not paid rent for more than 03 years. Therefore, respondent No.6 is in violation of payment of rent and has also violated conditions of licence issued by the 2nd respondent. Hence, same is in violation of the Act and the Rules. Due to the violation of the terms and conditions of the licence issued by the 2nd respondent, petitioner gave a representation to respondent Nos.2 to 5 on 26/5/2022 to take action against the 6th respondent and also sought for relief not to renew the licence under the Karnataka Excise Act to the 6th respondent.