RAJENDRA JYOTIBA DESAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition is by CL-2 licencees who have been permitted to carry on vending of Indian liquor in retail at their respective premises.

(2.) PETITIONERS have approached this court on the premise that the Deputy Commissioner of the District has surprised them by issuing the notice dated 13.10.2008 calling upon the petitioners to shift the location of their business to some other place within three days from the date of receipt of the notice as otherwise the authorities will be constrained to close the shops forcibly from carrying on business at the existing location.

(3.) FURTHER, in support of the submission, learned counsel for the petitioners has relied upon a single Bench decision of this court in the case of C L KALAPPA vs. DEPUTY COMMISSIONER [EXCISE] reported in ILR 1990 KAR 1689. Submission is that the facts in the present case is almost identical with the facts in the decided case and therefore ratio of this decision should be applied; that the impugned action is clearly in violation of principles of natural justice, taking a decision without giving an opportunity, contravening the principles of administrative law and therefore the impugned notice is liable to be quashed.