ANJANAPPA AND CO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these batch of Writ Petitions, the petitioners who are licensees for vend of country liquor dispute their liability to pay the rental for the period during which shops were ordered to be closed pursuant to notification issued under Section 21 of the Karnataka Excise Act, 1965 (hereinafter referred to as the 'Act'). Incidentally, some of them have challenged the notification issued under Section 21 of the Act. Validity of Rule 23 of the Karnataka Excise (lease of right of retail vend of liquors) Rules, 1969 which deprives them from claiming compensation for closure or shifting is called in question; and common prayer is to forbear respondents from collecting the rentals for the disputed period/s.

(2.) Uncontroverted facts are that petitioners are purchasers of privilege of vend of liquor by offering highest bids, the particulars of which have been set out in the respective Petitions. During the lease period, elections to the State Legislature, bye-election, election to local authorities and Agricultural Produce Market Committees intervened and for the purpose of conduct of the election, District Magistrates of respective districts ordered closure of shops for two or three days for each election, as the case may be. Annexures-Al to A 12 in Writ Petitions Nos.1630 to 1641 of 1983 are notifications issued by the District Magistrates ordering closure of liquor shops in order to preserve public peace from 5-00 a.m. on the morning of 3-1-1983 to mid-night of 5-1-1983 during general elections to the State Legislative Assembly. Notifications produced in Writ Petitions Nos. 6363 to 6367 of 1983, recite that Election Commission of India has issued direction to declare 'dry' days in connection with the conduct of general election to State Legislative Assembly held in January 1983, consequently District Magistrates considered necessary to order closure of all shops in which any intoxicant is sold in the entire districts for the period from 0-00 hours on 3-1-1983 to 24 hours on 5-1-1983. For conduct of Bye-election to the State Legislative Assembly for Kanakapura Assembly Constituency on 15-5-1983, liquor shops of Ramanagaram, Channapatna, Bangalore South, Anekal Taluk situate within a distance of 10 KMs from the border of Kanakapura Taluk were ordered to be closed from 5 a.m. on 13-5-1983 to mid-night of 15-5-1983 by means of a notification dated 6-5-1983 by the Deputy Commissioner and District Magistrate, Bangalore, as per Annexure-A produced in Writ Petition No. 11548 of 1983.

(3.) On account of group clashes or communal rioting in certain areas vend of liquor was prohibited by means of a notification issued under Section 21 of the Act.