KARUNAKARA S. SHETTY Vs. COMMISSIONER OF EXCISE OFFICE

JUDGEMENT

(1.) The petitioner, who was granted with CL-2 license, submitted an application with the respondent No.2 to relocate the license from Building No.1-195(2&3), Irodi Village, Brahmavara Taluk, Udupi District to a building bearing No.1-23/1(1) of Kageri, Koteshwara Village, Kundara Taluk. The respondent No.2 granted permission to relocate the license, against which, the respondent No.3 filed an appeal under Sec. 61(2) of the Karnataka Excise Act before the respondent No.1. The respondent No.1 set aside the order granting permission to relocate the license, and remanded the matter to the respondent No.2 to reconsider the application submitted by the petitioner afresh. Pending reconsideration of the application, the respondent No.2 passed an order directing the petitioner to close the wine shop, against which, the present petition is filed.

(2.) The learned counsel for the respondent No.3 submits that the order granting permission to relocate the license having been set aside, the respondent No.2 has rightly passed the order, and the same does not warrant any interference.

(3.) Considered the submissions made by the learned counsel for the parties.