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1999 Supreme(Kar) 272

V.GOPALA GOWDA, Y.BHASKAR RAO
NAGARAJU – Appellant
Versus
STATE OF KARNATAKA – Respondent


Y. BHASKAR RAO, C. J.

( 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









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