GORURU TRADERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for a direction to the respondent - Authorities to renew the licence in Form CL - 9 considering the application dated 05.08.2018 and to quash the letter dated 31.08.2018 issued by the respondent No.1 as per Annexure F to the writ petition, inter alia, challenging the endorsement dated 13.11.2018 issued by the respondent No.4 as per Annexure K to the writ petition.

(2.) The petitioner is claiming to be a registered Partnership Firm carrying on the business in liquor. It is submitted that the petitioner was peacefully running the business in the present place. On the decision of the Hon'ble Apex Court dated 19.07.1994 in the matter of location of liquor shops alongside the Highways, the State Governments were directed to shift/remove such liquor vends working within 500 meters through Highways. It is contended that the petitioner's licence was also one among them. The Hon'ble Apex Court modified its earlier directions and finally passed an order, leaving to the discretion of the States to allow continuation of such shops even in rural area if the area is considered to be "Sufficiently Developed Area". Accordingly, respondent No.1 after examining the matter from all angles took a decision that "Sufficiently Developed Areas" means area having the population of 5000 or above in the Grama Panchayath limits as per the census of the year 2011. In view of the said decision, respondent No.1 communicated the same to respondent No.2 - Excise Commissioner, Bengaluru.

(3.) The endorsement issued by respondent No.4 in pursuant to the decision of the State Government declaring the "Sufficiently Developed Area" is the cause for the petitioner to file this writ petition challenging the decision of the State Government.