LAWS(KAR)-2023-1-296

MADANAIAKA Vs. AUCTION SUPERINTENDENT

Decided On January 11, 2023
Madanaiaka Appellant
V/S
Auction Superintendent Respondents

JUDGEMENT

(1.) The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the respondents to accord barn licence to the petitioner.

(2.) Heard Sri.Sunil.S.Narayan, learned counsel appearing for petitioner and Sri.B.M.Kushalappa, learned counsel appearing for respondents.

(3.) Brief facts that leads the petitioner to this Court in the subject petition as borne out from the pleadings are as follows: The issue in the lis lies in a narrow compass. On 19/6/2018 the petitioner purchases a barn licence that was accorded in favour of one Sri.G.Ramakrishna by the Tobacco Board for a sale consideration of Rs.50,000.00. After the purchase of the said licence petitioner submits a representation for transfer of licence and when the representation went unheeded, causes a legal notice upon the 1st respondent for transfer of such licence. The notice was replied to by the 1st respondent holding that it would be permissible for issuance of a licence, only if a no objection/no due certificate comes from the Bank of the vendor of the petitioner. On this score, the licence of the petitioner has not been renewed despite it being pending before the Board for the last four years.