HOTEL BASANT RESIDENCY Vs. EXCISE COMMISSIONER IN KARNATAKA

JUDGEMENT

(1.) THIS writ petition is directed against the interim order passed by the Karnataka Appellate Tribunal, Bangalore in a pending appeal in No. 131 of 2005 and on IA-I, where under the petitioner, who had questioned the order dated 13-1-2005 passed by the excise commission, withdrawing the CL-7 licence that had been issued in favour of the petitioner and had declined to grant stay of withdrawal of the licence pending considering of the appeal.

(2.) THE writ petitioner contends, inter alia, that the order passed by the single member of the tribunal is in violation of the procedural law; that when the appeal was admitted, there was no scope for rejecting the application for stay; that it indicates lack of application of mind; that the dispute regarding distance between the place of business of petitioner wherein the permission was granted to utilize a CL-7 licence, and the temple located across at the instance of the trustees of which temple the licence had come to be withdrawn by the commissioner, was duly verify by the Deputy Commissioner before the issue of the licence; that the distance was well within the permitted limits even in terms of the Rule 5 for issue of CL-7 licence; that notwithstanding bringing these aspects of facts to the notice of the tribunal, the tribunal has rejected the application for stay; that it is liable to be set aside etc.

(3.) I have heard Sri. H. Ramachandra, learned counsel for the petitioner, Ms. Sheela Anish, learned Additional Government Advocate for respondents 1 and 2 and Sri Basavaraju Belavangala for the third respondent.