NARAYANASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has challenged the order dated 27.6.2017 passed by the respondent No.3 inter alia seeking a direction to the respondent No.4 not to proceed with the shifting process of the shop in question of the respondent No.5.

(2.) The petitioner is claiming to be the proprietor of M/s Ashok Wines at Narasapura village, Kolar Taluk and District. The petitioner has obtained a retail outlet licence in Form No.CL-2 for retail vending of Indian liquor other than arrack or foreign liquor or both. The said licence was issued on 14.6.1996 and it is renewed from time to time. It is the grievance of the petitioner that on the request made by the respondent No.5 to shift the shop relating to the retailed outlet business of CL-2 licence from Chakarasanahalli village to Narasapura village, the official respondents proceeded to accord the permission despite the representation dated 27.6.2017 submitted by him seeking for rejection of the same and the said representation has remained unconsidered. Hence, this writ petition.

(3.) Learned counsel for the petitioner submitted that the shifting of CL-2 licence business of respondent No.5 is contrary to Rules 5 and 23 of the Karnataka Excise Licences (General Conditions) Rules 1967 ('Rules 1967' for short) as well as Rule 8 of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 ('Rules 1968' for short). The shifting of Chirag Wines located at Chakarasanahalli village Gram Panchyat to Narasapur Village Panchayat is against the Government order dated 27.06.2017 whereby power has been conferred upon the Deputy Commissioner of Excise for shifting of licnece within the purview of the same Gram Panchayat granting exemption to the provisions contemplated under proviso 2 to Rule 23 of the Rules, 1967.