CHEERS GARDEN PARADISE Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Petitioner filed the present writ petition for a writ of mandamus directing the Deputy Commissioner of Mysuru District (Revenue) to consider the application for renewal of CL 9 licence for the excise year 2017-18 as per Annexure-B.

(2.) It is the case of the petitioner that the petitioner is the holder of CL 9 Excise licence and has been running business of bar and restaurant at Bannimantapa Layout, Mysuru and has remitted Rs.3,45,000/- towards prescribed fee for shifting. By order dated 30.06.2017 the CL-9 premises of the petitioner was shifted as per the request after confirming that the place is not in any objectionable place under the provisions of the Act and Rules. Thereafter, the petitioner made representation for renewal of licence for the excise year 2017-18 which commences from 01.07.2017 to end on 30.06.2018 and remitted renewal fee of Rs.4,60,000/-.

(3.) It is the further case of the petitioner that inspite of fulfilling all the conditions and remitting the prescribed fee within the time under Rule 5A, the Deputy Commissioner has not considered nor passed any orders. Therefore, he filed an appeal before the Excise Commissioner in Karnataka in Appeal No.ECS 40 APP 2017 under Section 61(2) of the Karnataka Excise Act, 1965. The Excise Commissioner after hearing both the parties by its order dated 17.8.2017 allowed the appeal setting aside the endorsement issued by the Deputy Commissioner, Mysuru District, Mysuru and remanded the matter to the respondent to reconsider the renewal application of the appellant for the year 2017-18 as per the Rules after providing an opportunity of hearing to he appellant and the objectors. Inspite of the said orders passed, the Deputy Commissioner has not proceeded to consider the application as per Annexure-B. Therefore, petitioner is before this Court.