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1993 Supreme(Kar) 150

R.V.VASANTHA KUMAR, K.S.BHATT
KARNATAKA BREWERIES AND DISTILLERIES PRIVATE LTD, BANGALORE – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.G.SRIDHARAN, B.V.ACHARYA RAO, Javaji Srinivasulu, KAPIL SIBAL, N.S.NARASIMHASWAMY, P.CHINDAMBARAM, S.VIJAYA SHANKAR

K. SHIVASHANKAR BHAT, J.

( 1 ) IN this batch of writ petitions the main relief sought is for a declaration that the Karnataka Excise (Amendment) Ordinance, 1993 is arbitrary and unconstitutional. Further an appropriate writ of mandamus is sought against the respondents from taking any steps for the supply of arrack in polythene sachets or bottles through respondents 4 and 5. The impugned Ordinance is referred hereinafter as 'the Ordinance'. Respondent No. 4 is referred as mysugar and the 5th respondent as MSIL.

( 2 ) WRIT Petition No. 17070 of 1993 is alleged to be a public interest litigation filed by a person who is concerned about the consumption of arrack and the hazards that is likely to be caused on account of the decision of the state Government in making available arrack in sachets and bottles without proper rules and regulations. For the sake of convenience the term 'petitioners' referred in this order shall refer to the licensees who are immediately affected by the enforcement of the Ordinance and the amendment of certain rules which are also challenged by seeking amendment of the writ petitions. Since no separate order is made on the amendment applications we permit the




















































































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