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1990 Supreme(Kar) 18

K.S.BHATT
C. L. KALAPPA – Appellant
Versus
DEPUTY COMMISSIONER (EXCISE) – Respondent


Advocates:
A.JAGANNATHA SHETTY, D.R.RAJASHEKHARAPPA

SHIVASHANKAR BHAT, J.

( 1 ) THE petitioner is a licensee tovend Indian made foreign liquor. The licence is called c. l. 2 licence. The licence was obtained under the Provisions of the Karnataka excise (sale of Indian made foreign liquor) rules, 1968 (for short "the liquor rules"), originally, the licenced premises was situated near the bus stand and it belonged to the municipality. Since the municipality decided to demolish the building, the petitioner approached the licensing authority to claim permission to shift the shop to the premises which is situate near i. B. Road kushaianagar. Accordingly, the permission to shift shop to d. No. 4-8 (2), !,b. Road, kushalanagar was granted on 15-10-1981. Subsequently, it seems certain objections were raised by the members of the public that the said shop was very close to ganapathy temple and sought the shifting of the shop from the said premises at No. 4-8 (2 ). Consequent on this, the deputy commissioner made an order on 31-10-1981 as per Annexure-B directing the petitioner to select an alternative p,ace to shift the c l. 2 premises within seven days from the date of receipt of the said notice. The petitioner filed the above writ petition












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