LAWS(KAR)-2023-6-1382

K.M. RAVI Vs. STATE OF KARNATAKA

Decided On June 27, 2023
K.M. Ravi Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Challenging impugned endorsements dtd. 3/5/2023 bearing no.EXE/MDY/IML/46/2022-23 issued to petitioners no.1, 2, 4, 5 and petitioner no.6 at Annexures F1 to F5 and to direct respondents no.3 and 4 to consider representation dtd. 29/4/2023 filed by petitioners at Annexure-E and to pass necessary orders to transfer liquor licence in favour of petitioners as well as respondent no.5 in compliance of Rule 17-A of Karnataka Excise (General Conditions of Licences) Rules 1967, this writ petition is filed.

(2.) Learned counsel for petitioners submits that their mother - Smt.Thayamma was holder of CL-2 Licence bearing registration no.ES2022067272 valid upto 30/6/2023. It was submitted that Smt.Thayamma died on 11/11/2022 leaving behind petitioners and respondent no.5 as legal heirs. Though, petitioners filed representations before respondent no.3 staking their claim for transfer of CL-2 licence under Rule 17-A of Karnataka Excise (General Conditions of Licences) Rules, 1967, endorsements at Annexures-F1 to F5 were issued merely stating that as per direction issued by this Court in W.P.no.24367/2022 disposed of on 1/3/2023, steps were being taken and petitioners' claim was filed.

(3.) It was submitted that petitioners' claim ought to have been considered along with claim of respondent no.5 and since no order is passed under Rule 17-A, filing of petitioners' claim was illegal and sought interference.