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2011 Supreme(Kar) 126

H.G.RAMESH
B. Matrin – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared
For the Petitioners:G.K. Bhat, Mohan Bhat, Advocates.
For the Respondents:R1 to R3 - K.M. Shivayogiswamy, HCGP, R4 - K.M. Prakash, Advocate.

Judgment :-

1. These set of Writ Petitions are filed seeking to strike down Rule 3(11) (c) of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 as amended by Notification dated 30.06.2003 and also to quash the notification issued on 3.7.2009 by the 1st respondent and also quash the license in Form No.CL-II (c) dated 25.03.2010 issued by the Deputy Commissioner in favour of Mysore Sales International Limited., and for such other orders.

2. Petitioners are said to be CL-2 and CL-9 license holders respectively granted under the provisions of Karnataka Excise (Sale of Indian and Foreign Liquors) Rules 1968 (hereinafter referred to as ‘rules’ for short) and the same was renewed from time to time. According to the petitioners, Rule 3 (11) (c) of the said Rules makes provision for grant of retail license notwithstanding anything contained in Rule 12 of the said Rules in favour of State owned companies, which was published in the Karnataka Gazette (extraordinary) dated 30.06.2003 and the said Notification amends Rule 8 of the Rules making provision for retail shop license to Government companies charging only Rs. 1,00,000/- Subsequently, by order dated 3.9.2003 , the Go









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