M VENKATARAMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) petitioners are retail vendors in indian liquor holding licences either in form cl-2 or cl-9 as prescribed under the Karnataka excise (sale of Indian and foreign liquors) rules, 1968 (hereinafter in short, 'the rules') having their licensed premises situated in Bangalore rural district.

(2.) their grievance is that though keeping in view the statutory Provisions contained under the rules and the conditions of their licences they are entitled to purchase liquor from wholesalers having their place of business in Bangalore urban district who have been granted licences for Bangalore rural district as well, pursuant to some oral instructions issued by the respondent-excise commissioner, the subordinate authorities are obstructing them from doing so by refusing to grant permits to transport liquor from the licensed premises of the said wholesalers to that of the petitioners.

(3.) under the standing circular No. 141, dated 19-3-1988 issued by the commissioner of excise pursuant to his powers under Section 3 of the Karnataka Excise Act, 1965 ('the act', for short) it was inter alia directed that no retailer shall be issued permits to obtain any stock of liquor from outside the district. This standing order came to be challenged in various writ petitions filed in this court. But ultimately the same was held to be valid as is evident from the case of Bhagyalakshmi Wine Stores and another v State of Karnataka and others . It was held by this court that since as per condition No. 2 of his licence in cl-1, a wholesaler can sell liquor only within the area specified in his licence, it necessarily follows that a retailer of the said district only can purchase liquor from such a wholesaler.