NAGARAJA C.K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Seeking for writ of mandamus directing respondent no.2 to renew license to petitioner for Excise Year 2023-24 within a stipulated period, this writ petition is filed.

(2.) Sri Vinayak Kulkarni, learned counsel for petitioner submitted that petitioner was running a multi-cuisine family restaurant in name and style of "Piccolo Multi-cuisine family restaurant" at no.1916, 8th Block, Sir.M.Vishweshwaraiah Nagara Layout, Gidadakonenahalli main road, Viswaneedam Post, Bengaluru under a partnership along with respondent no.3, M/s. Eeshwara Enterprises. It was submitted that partnership firm was issued with CL-7 and RVB license. Said license was valid till 30/6/2023. Alleging financial difficulties, respondent no.3, one of partners submitted representation not to renew license. Considering such representation and after granting opportunity to petitioner, respondent no.2 passed an order dtd. 30/6/2023 as per Annexure-E not to renew license until resolution of dispute between partners of licensee firm.

(3.) Against such order, petitioner had approached before Commissioner of Excise as per Annexure-F. It was submitted that Commissioner had granted an interim order of stay of Annexure-E on 5/7/2023. It was submitted that despite same, no action was being taken for consideration of petitioner's application at Annexure-F, petitioner filed this writ petition and since application filed by petitioner was in accordance with law, non-consideration calls for interference.