NAGARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE writ petitions are filed in the nature of public interest litigation assailing the action of the officers of the Excise Department empowered to grant licences, in granting innumerable licences under the Karnataka Excise Act, 1965 ('act', for short) and rules framed therein. Brief facts of the case are:

(2.) THE petitioners are the residents of different places in the State and they are aggrieved by the action of the respondents indiscriminately granting licences for the sale of Indian made liquor in the districts of Tumkur, Raichur and Kolar. The case of the petitioners is that the Act and the rules framed therein prescribe guidelines for the grant of licences. The authority to grant licence takes into consideration the population of the area as provided under the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968. Therefore, the circular issued by the Commissioner dated 20-12-1995 (Annexure-H) be quashed with a direction to respondents 2 to 4 to withdraw the licences granted in Form CL 2 or CL 9 over and above the quota permissible under Rule 12 of the Rules and further direct the respondents to implement Rule 12 strictly and not to grant more CL 2 or CL 9 licences in the above places.

(3.) WE ordered notice to the Government Advocate and at the request of both the parties, the writ petitions are taken up for final hearing. The contention of the petitioners is that the impugned circular-Annexure-H, of the Commissioner is violative of Rule 12 of the Rules and therefore, is liable to be quashed and action be taken for cancelling the licences and not to grant any further licences in violation of Rule 12. But, the learned Government Advocate contended that the circular was issued as per the requirement in those districts because number of tourists in karnataka have increased and as there are number of tourists spots and some more new tourists spots are sighted, recently, Tourist Department made recommendations for providing facilities for tourists including foreign tourists and as such the Government decided to authorise the commissioner for taking necessary action and in turn, he issued the circular. The circular is in consonance with the rules and provisions of the Act. Therefore, there is no merit in the writ petitions and the same are liable to be dismissed.