MOHAMMED SAIF Vs. STATE OF KARANTAKA

JUDGEMENT

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

(2.) Sri. Sharandeep, learned counsel for petitioner submitted that petitioner is a resident of Ramachandrapuram, Bengaluru. In September 2022, he was informed about an application for grant of excise licence to open liquor shop at property bearing old no.30, new no.E-109/E, PID No.25/15/30, 2nd main road, Ramachandrapuram, Bangalore. Petitioner along with other residents had objections against grant of CL-7 licence. Accordingly, they filed objections as per Annexures B, C, D1 to D4, in which it was specifically stated that there were educational institutions, temple and government shops nearby and therefore, premises was not suitable for location of liquor shop. Since their objections were not considered, they approached this Court in WP.No.22136/2022. Said writ petition was disposed of on 9/11/2022, directing respondents to consider objections within a period of 90 days. Thereafter respondent no.4 issued endorsement dtd. 27/6/2023, respondent No.4 rejecting objections. Subsequently, petitioners filed further objections accompanied by survey report of a private surveyor indicating distance of proposed shop to from nearby educational institutions, etc. Though they had filed writ petition in WP.No.14258/2023, on 5/7/2023, order impugned was issued on 10/7/2023 granting licence. It was submitted that impugned order was arbitrary and illegal since petitioners' objections were not considered and also on ground that proposed shop premises was within prohibited distance from temple, educational institutions, etc.,

(3.) Sri. Hitesh Gowda B.T, learned counsel for caveator respondent nos.6 and 7 submits that premises was already housing a bar and restaurant for more than 10 years. On closure of same, premises was vacant and therefore proposed to be used by respondents for location of liquor shop. It was submitted that authorities had considered all objections and thereafter granted licence and same did not call for interference.