M.J.SIWANI Vs. EXCISE COMMISSIONER IN KARNATAKA

JUDGEMENT

(1.) The petitioner - M J Siwani, son of J K Siwani, representing 'M/s Chang Hotels Private Limited', No.22 Church Street, Bengaluru, has filed this petition against the impugned endorsement Annexure-K dated 11.09.2017 of the Deputy Commissioner, Bengaluru Urban District, Bengaluru which has called upon the petitioner to deposit the sum of Rs.24,48,620/- in terms of Rules 14(2) of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968, for the period July 2006 to July 2014 for short lifting of liquor during the said period by the petitioner licencee at the rate of Rs.100/- per bulk liter.

(2.) It is the contention of the petitioner that the said endorsement had been issued by the respondent - Deputy Commissioner without giving any show cause notice to the petitioner and by the said order on the ground of non-payment of the damages under Rule 14(2) aforesaid, the renewal application of the petitioner for the year 2017-18 has been rejected by the said authority. Hence, the present petition.

(3.) Mr.G K Bhat, learned Counsel appearing for the petitioner has drawn the attention of this Court towards the interim order passed by the Karnataka Appellate Tribunal, Bengaluru in Appeal No.405 of 2015 filed by the petitioner - M J Siwani Vs The Excise Commissioner, against the order dated 17.03.2015, for the demand of damages under Rule 14(2) of the aforesaid Rule for the period upto July 2006 to June 2010 amounting to Rs.11,60,900/- and the balance demand is for the next period July 2010 to June 2011 and the total of entire demand is Rs.24,48,620/-. He submitted that in the aforesaid Appeal No.405 of 2015, the learned District Judge, Member has passed the interim order in favour of the petitioner on 08.09.2017 and therefore, for enforcing the entire demand of Rs.24,48,620/-, the respondent - Deputy Commissioner could not have rejected the renewal application of the petitioner for the year 2017-18.