SRI. P.B. CHANGAPPA Vs. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, THE COMMISSIONER OF EXCISE IN KARNATAKA, THE DEPUTY COMMISSIONER, KODUGU DISTRICT

JUDGEMENT

(1.) THE petitioner is a holder of CL -2 license and he was running his business of retail vending of liquor in the premises situated at Sy. No. 211/18 of Makutta Kakathodu of Heggala Village, Virajpet Taluk, in the name and style of "Kamadhenu Wines." According to the petitioner, property where the business is run belongs to Betoli Grama Panchayath and the same was leased by the Grama Panchayath during the year 2010 for a period of five years. Petitioner was issued with CL -2 license and was carrying on his business in a shop at Madikeri Town. He claims to have shifted the business to the present premises as per the order dated 14.06.2010 passed by the) Deputy Commissioner, Kodagu District, Madikeri. The license was subsequently renewed and license so renewed expired on 13.06.2013.

(2.) THOUGH the petitioner had applied for renewal by paying the requisite fee on 15.06.2013, the authorities have not renewed the same. Instead the Deputy Commissioner, respondent No. 3 herein has issued the impugned endorsement dated 10.07.2013 produced at Annexure - "A" declining the request made on the ground that in the RTC extract of the land bearing Sy. No. 211/18, the ownership of the land is recorded in the name of the Forest Department. It is this endorsement that is called in question in this writ petition.

(3.) LEARNED Additional Advocate General representing the State and its authority submits that the petitioner has an alternative remedy of preferring an appeal before the Excise Commissioner in view of the provisions of Sub -section (2) of Section 61 of the Karnataka Excise Act, 1965. He further asserts on merits that the State has got several documents to show that the property belongs to the Forest Department. He intends to place those documents on record, if sufficient time is granted.