A. NAGARAJA Vs. EXCISE COMMISSIONER, SHANTHINAGAR, DEPUTY COMMISSIONER OF EXCISE, CHIKKABALLAPUR DISTRICT, EXCISE INSPECTOR, SIDLAGHATTA AND KARNATAKA STATE BEVERAGE CORPORATION LTD., MANAGER, SIDLAGHATTA DEPO.

JUDGEMENT

(1.) THIS writ petition is filed seeking a writ of mandamus directing respondents 2 and 3 to renew the license of the petitioner in terms of the order dated 11.06.2013 subsequently extended on 19.09.2013. The facts involved in this writ petition stated in brief are that the petitioner holds a CL -9 license to vend liquor in the premises bearing No. 1163/1119, Old Hospital Road, Sidlaghatta. Since 1992 -93, petitioner has been running a bar and restaurant under the name and style M/s. Manjunath Bar and Restaurant. It is currently running under the name and style Dolphins Bar and Restaurant. In the year 1995 -96, petitioner had applied had for renewal of his license. As one Rama Bhajan Mandir Trust had raised objections for renewal, an endorsement came to be issued refusing to renew the license stating that it was situated at a distance of about 52 meters from the Bhajan Mandir. Challenging the said endorsement, petitioner had filed a writ petition in W.P. No. 27257/95.

(2.) THIS Court vide order dated 16.08.1995 allowed the writ petition and quashed the endorsement issued. In paragraph Nos. 9 and 10 of the order, this Court made certain specific observations doubting the bonafides of the objector in raising the objections. Indeed, this Court has found that the premises for which CL -9 license was granted and where his business was conducted dated back to 1992 -93. Whereas the Trust which raised the objection was registered on 22.10.1993. This Court also pointed out that mere fact that some people gathered to offer bhajan can hardly be described as a place meant for religious institution where religious activities were going on. In fact, this order passed by this Court is produced at Annexure -A.

(3.) THEREAFTER , as the lease period was extended from time to time, petitioner continued to carry on the business in the said premises. However, the 2nd respondent - Deputy Commissioner for Excise, Chikkaballapur, refused to renew the license by passing an order dated 22.05.2013 again on the same ground stating that Ram Bhajan Mandir Trust had raised objection. The petitioner was called upon to shift the business from his premises to other place. This order was challenged before the Commissioner for Excise - the 1st respondent herein. An interim order of stay was granted on 11.06.2013 staying the order passed by the 2nd respondent. Pursuant to this interim order, petitioner was called upon to deposit a sum of Rs. 3,20,000/ - along with license fee of Rs. 48,000/ - for the purpose of renewal of license. The petitioner having deposited such amount, the 2nd respondent renewed the license but only till 25.07.2013. Thereafter, on the representation of the petitioner and upon the extension of the interim order by the 1st respondent, the 2nd respondent has gone on periodically renewing the license. However, when respondents 2 and 3 refused to renew the license and allow the petitioner to carry on the business putting forward certain excuses and the petitioner was virtually forced to close the shop, he approached this Court by filing the present writ petition. This Court granted an interim order on 20.09.2013 which reads as under: