H.V. MARISWAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed seeking for following reliefs:

(2.) Shri G.S.Bhat, learned Senior counsel appearing for Smt. Sudha D., learned counsel for petitioner submitted that petitioner was holding CL-2 licence issued by Deputy Commissioner, Tumkur granted during Excise year 1977-78. However, said licence was not renewed due to difficulties and same had lapsed. It was submitted that Government had issued notification dtd. 24/6/2000 and inserted Rule5-A in the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules 1968, providing for renewal of lapsed licence on payment of 50% of annual license fee for lapse period. In order to take advantage of said amended rule and seek for renewal, petitioner had secured a shop on rental basis and applied for renewal by paying prescribed licence fee.

(3.) In terms of notification, he filed application and on said application, respondent no.4 submitted report to respondent no.2. However, respondent no.2 has returned proposal under endorsement dtd. 16/7/15 as per Annexure-D. Subsequently, petitioner traced certain documents like challan and extract of dispatch register of Deputy Commissioner of Excise and made a representation dtd. 18/9/2020 seeking for renewal of licence.