SARVIKA M. Vs. EXCISE COMMISSIONER IN KARNATAKA

JUDGEMENT

(1.) Challenging interim order dtd. 15/12/2022, passed by Excise Commissioner - respondent no.1 in Appeal no.ECS 84 APP 2022 at Annexure-F, this writ petition is filed.

(2.) Shri G.K. Bhat, learned Senior Counsel appearing for Smt. D. Sudha, learned advocate for petitioners submitted that late B.V. Munirathnam was holder of a CL-7 Bar and Restaurant licence, in respect of premises at no.11572, khata no.112/1, Pantharahalli village, N.G. Halkur Panchayat, KGF Taluk. It was submitted that after death of B.V. Munirathnam on 6/8/2022, petitioners, namely, Sarvika and Likesh, who were legitimate children of Smt.Jalaja and deceased, would be 'legal heirs', as per Rule 17-A of Karnataka Excise Licences (General Conditions) Rules 1967. It was submitted that on death of a licencee, licence was required to be transferred in favour of legal heirs. But, in view of claim for transfer made by respondents no.4 to 8, viz., Smt.Rathnamma, as wife and Laxmi, Nirmala, Punith and Shailaja, as children, apart from respondent no.9 - Smt.Manjula also claiming as wife of deceased B.V. Munirathnam, respondent no.3 passed an order on 2/9/2022, for closure of business until settlement of dispute regarding legal heirs.

(3.) In meanwhile, respondent no.4 - Smt.Rathnamma filed W.P.no.19840/2022 before this Court seeking for writ of mandamus. In said writ petition, an interim order was granted on 30/9/2022 directing respondents to open seal of business premises and permit petitioner (Smt.Rathnamma) to run business till consideration of application. Thereafter, on 21/10/2022, respondent no.3 passed order once again directing closure of business till resolution of dispute among legal heirs. Aggrieved thereby, respondents no.4 to 8 filed appeal before respondent no.1 - Excise Commissioner and on 15/12/2022, an interim order was granted by respondent no.1 in favour of respondent no.4 - Smt.Rathnamma permitting her to run business till further orders by referring g to interim order granted in W.P.no.19840/2022.