KRISHNAPPA Vs. EXCISE COMMISSIONER

JUDGEMENT

(1.) In this petition under Articles 226 & 227 of the Constitution, the petitioner, who is a resident of K.R. Sagar has sought for quashing the C.L. 2 licence granted to the 4th respondent to vend liquor in the premises No. 310 of K.R. Sagar, granted by the second- respondent by his order dated 30th July 1984 in No. EXE. MDY. IML. 104 of 83-84 produced as Annexure-D. It is a public interest litigation.

(2.) The case of the petitioner is that the premises in respect of which C. L. 2 Licence is granted to respondent No. 4 by the second-respondent is situated within 200 metres from the Temple, Harijan Colony and the School. Therefore it is liable to be quashed as the same is opposed to the provisions contained in Standing Circular No. 108 issued by the Excise Commissioner for the purpose of implementation of the provisions of the Karnataka Excise Act (hereinafter referred to as the Act) and specially for the purpose of issuing licences under the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules (hereinafter referred to as the Rules.)

(3.) On the earlier occasion the similar licence granted to the 4th respondent was challenged by the petitioner as an espouser of the public cause in W. P. No. 5209 of 1984, Krishnappa -v.- Excise Commissioner and the same was allowed on 29th June, 1984 and the following directions were issued : "The second Respondent shall notify the petitioner individually and also publish the notice at a prominent place in the locality of the date and time of his visit to the proposed premises and the surrounding areas for the purpose of enquiring into the matter and to submit a report to the 1st-Respondent in connection with the renewal of C.L. 2 licence sought for by the 4th Respondent. It is also open to the petitioner and the members of the public to file objections, if any and to participate in the enquiry to be held by the 2nd-Respondent. In the meanwhile, to avoid inconvenience being caused to the 4th-Respondent, the 1st-Respondent is directed to permit the 4th Respondent to run the shop in question till 16th August 1984 on his complying with the requirements of law. Well before 16-8-1984, the 2nd Respondent shall complete the enquiry and submit the report to the first-respondent to enable him to decide on or before 16-8-1984 the application filed by the 4th Respondent for renewal of C.L 2 licence."