JALIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has invoked Articles 226 and 227 of the Constitution with the prayer to issue writ of certiorari quashing the order dated 27.7.2012 of Respondent No. 3 and the licence in the form CL-2 dated 30.6.2012 issued by the authority in favour of Respondent No. 4. The petitioner is stated to be espousing various social causes for the benefit of the people of Belgaum City, even as no such record of espousing any social cause is mentioned in the petition. The main ground for challenging the impugned order allowing transfer/shifting of CL-2 licence owned by Respondent No. 4 for the year 2012-13 from Dr. Ambedkar Road is that, the new location of the liquor shop is within 100 metres of the government offices, hospitals, educational institutions, harijan colony and the national highway. It is also stated that there is a masjid within a radius of 100 metres. All these factual aspects are traversed by filing the affidavit of the Inspector of Excise, Belgaum North Range, Belgaum, with the statement that the distance between the masjid and the liquor shop in question is 106.80 meters and a fresh survey is conducted to verify whether the liquor shop was falling within the area as alleged, in the vicinity of the offices or institutions.

(2.) In short, there is clearly a dispute about the fact of the distance between the liquor shop in question and the offices and the institutions. In spite of the opportunities being granted, the petitioner has failed to controvert and prove that the averments made on affidavit by the Inspector of Excise, Belgaum, are not true or not reliable. Therefore, it prima facie appears that the allegations made in the petition are incorrect and the distance between the masjid and the liquor shop belonging to Respondent No. 4 is more than 100 metres and hence, there is no violation of Rule 5 of the Karnataka Excise Licences (General Conditions) Rules, 1967, as alleged by the petitioner. Under the circumstances, the petition is dismissed with nominal cost of Rs. 1,000/- to be paid by the petitioner to Respondent No. 3 within a period of fifteen days.