SAVITHA K R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ appeals are filed against the order dtd. 7/9/2022 passed in W.P.No.50353/2019 (Excise) by which learned Single Judge while allowing the said writ petition in part had issued following directions;

(2.) The aforesaid writ petition is filed by the petitioners (who are arrayed as respondent Nos. 6 to 9 in W.A.No.1318/2022 and respondent Nos. 1 to 4 in W.A.No.26/2023) seeking relief in the nature of a writ of certiorari quashing the order dtd. 30/6/1997 (Annexure-E) made by the Deputy Commissioner of Excise, Bengaluru Urban District-respondent No.4 in the writ petition and for a writ of mandamus directing Deputy Commissioner, Bengaluru Urban Districtrespondent No.3 and respondent No.4 to transfer the licence in Form CL-2 that was standing in the name of one late Jayshankar.

(3.) It is the contention of the writ petitioners that deceased Jayshankar, who was their husband and father respectively was holding licence in Form CL-2 and that he had apparently executed a power of attorney in favour of one K.Shivarame Gowda to lookafter the business. That the said Jayshankar stated to have passed away on 9/2/1997 leaving behind the petitioners as his legal heirs. That on 30/6/1997 just a day before commencement of excise year 1997-98 respondent No.4 in excise of powers under Rule 17B of the Karnataka Excise Licences (General Conditions) Rules, 1997 (for short 'Rules, 1997') transferred the said licence in favour of Smt.K.R.Savitha the respondent No.5 in the writ petition. That subsequently by another order dtd. 23/9/2007 the said licence was transferred in favour of one Sri.K.Manjunath, respondent No.6 in the writ petition.