M/S. SIDDI ENTERPRISES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) M/s. Siddi Enterprises, a CL-9 Excise licence holder and other petitioners also seeking their renewal of Excise licences from the Respondent-Excise Department of the State of Karnataka having their liquor vending shops at Brigade Road and M.G.Road, and other urban roads in the city of Bengaluru, which fall on NH-4 and NH-7, have filed these writ petitions seeking a direction to the Respondent-State to consider their applications for renewal of Excise licences, which the Respondent-State has refused to do, in view of the directions of the Hon'ble Supreme Court in State of Tamil Nadu v. K.Balu Cvl.A.Nos. 12164-12166/2016 and allied matters decided on 15.12.2016 as the shops falling within the restricted limits of 500 metres from the edge of the State Highways or National Highways.

(2.) The following interim orders were passed in the present matters after hearing both the parties on 27.07.2017 and 03.08.2017:-

(3.) In pursuance of the aforesaid directions, the Respondent-Union of India upon consideration of the representation of the State Government to denotify the part of the said NH-4 and NH-7 (old No.44) in exercise of its power under Section 2(3) of the National Highways Act, 1956, passed the final Order on 14.08.2017 and quoting the relevant portions of the orders passed by the Hon'ble Supreme Court, negatived the said request of the State Government in the following terms. The order dated 14.08.2017 passed by the Director (P &B) of Ministry of Road and Transport and Highways, Transport Bhawan, New Delhi, as conveyed to the Addl.Chief Secretary of the State Government, Public Works, Ports and IWT Department, Bangalore, is also quoted below for ready reference:-"No. NH-15017/77/2017-P &MGovernment of IndiaMinistry of Road Transport and HighwaysTransport Bhawan,1, Parliament Street,New-Delhi, dated, the 14th August, 2017