D.V.RAGHUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Review of the judgment passed on 27.12.2016 in W.A.Nos.626-656/2016 (Excise) is sought for in these review petitions.

(2.) We have heard Sri K.V.Dhananjay, learned Advocate appearing for petitioners and perused the judgment passed by us which is sought to be reviewed.

(3.) Order dated 30.06.2015 passed in W.P.Nos.22969/2015 and 22970-22999/2015 was challenged in W.A.Nos.626-656/2016. In the writ petitions, petitioners had challenged vires of Rule 14(2) of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 (for short 'Rules') and to declare said Rule as ultra vires of the Karnataka Excise Act, 1965 and was opposed to the Scheme of the Karnataka Prohibition Act, 1961 and as such, petitioners sought for same being struck down. The said Rule came to be introduced in the year 2003 and in terms thereof, certain class of liquor vendors were required to purchase the Government mandated quantity of liquor every month and failure to do so attracted penalty. Said Rule came to be repealed in the year 2014 which is not in serious dispute. Above said writ petitions came to be dismissed by the learned Single Judge by order dated 30.06.2015 and constitutional validity of Rule 14(2) of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 was upheld on the ground that Division Bench in the case of STATE OF KARNATAKA & OTHERS vs HOTEL BANGALORE INTERNATIONAL LIMITED, REP. BY ITS MANAGING DIRECTOR & OTHERS reported in ILR 2005 KAR 1397 had already upheld the constitutional validity of Rule 14(2) as intra- vires of Constitution. Said order passed by the learned Single Judge in writ petitions came to be assailed in Writ Appeals and by our order dated 27.12.2016, same was dismissed and order of learned Single Judge came to be upheld.