ROYAL SOCIAL CLUB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned senior counsel Sri G.K.Bhat on behalf of learned counsel Smt. Sudha D., for the petitioner and learned Addl. Government Advocate Sri Vinayak Kulkarni on behalf of respondent Nos.1 to 4.

(2.) Petitioner - Royal Social Club (R) is an Association of people registered in the year 1997-98 before the Registrar of Joint Stock Companies in Gadag district, which is governed presently under the Karnataka Societies Registration Act, 1960. The petitioner is an Association running certain recreation club and in order to cater the requirements of its members as provided in its bye-law obtained a licence now called as Form CL-4 from respondent No.3, the Deputy Commissioner, in the year 2001-2002 itself which was renewed time and again till the year 2022. Petitioner is carrying of its activities, as per its bye-law fulfilling its object and purpose by having a building on lease. The liquor licence obtained by the petitioner is in accordance to Rule 3(4) of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rule, 1968, which came into force on 20/11/2018. It is the contention of petitioner that every licence issued for vending the liquor to its members is valid for a period of 1 year commencing from 1st July of a particular year and end of the succeeding year of 30/6/2022. The present licence has already come to an end on 30/6/2022. Petitioner made an application for renewal of licence for the excise year 2022-23, as per Annexure-E, paying necessary fee as per the law.

(3.) Respondent No.4 issued a notice on 21/6/2022 alleging certain irregularities and directing the petitioner to comply with the same. To which, the petitioner has given a reply vide his letter dtd. 28/6/2022. This being the state of affairs, licence for the year 2021-22 would be spent out on 30/6/2022. Petitioner sought for renewal of licence for the excise year 2022-23. Though, the present petition is filed by the petitioner seeking quashing of Annexure-E, he restricts his relief to the directions sought for at prayer (b) for consideration of the application seeking for renewal of licence in Form CL-4.