AJANTHA CATERERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER M/s. Ajantha Caterers is challenging the notice at annexure B. Petitioner further seeks for a declaration declaring that the amended provision of Section 17(4)(i), by Karnataka Act No. 5 of 2001, in so far as it inserts the words 'hotelier or a restaurateur operating in the same premises or premises attached to a place where liquor including beer is served', is an unreasonable restriction and that it is in violation of Articles 14, 265 and 19(g) of the Constitution.

(2.) BRIEF facts of the case are as under : Petitioner is having contract with East Cultural Association (Club) to run catering services. It has entered into an agreement with the club in terms of annexure -D. It has made over deposits to the club in terms of the agreement. It is registered under the Karnataka Sales Tax Act, 1957 ('Act' for short). It serves food items and it is not supposed to serve liquor in the club premises. Club itself serves liquor to its member. No licence is obtained by the petitioner for dealing with liquor.

(3.) RESPONDENTS have entered appearance. They refer to the history of the case in the statement of objections. They justify their stand. They say that the liquor though not served by the petitioner is referable to the petitioner in terms of the amended Act.