ORDER

In this petition, the petitioner seeks quashing of the impugned endorsement at Annexure-D dated 23.03.2023 and the impugned Communication letter dated 31.03.2023 issued by the second and third respondents respectively.

2. Heard the learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 to 3 and learned counsel for impleaded respondent Nos.4 to 7 and perused the material on record.

3. The material on record discloses that the liquor license in Form CL-2 had been issued in favour of Smt. Late S. Vasantha kumari, elder sister of the petitioner, who expired on 12.01.2023. According to the petitioner, the said Vasantha Kumari executed the registered Will dated 21.03.2022 bequeathing her properties including the rights accrued under the aforesaid liquor license in favour of the petitioner. The respondent Nos.4 to 7 are the other sisters and brother of the deceased Vasantha Kumari and they admit the aforesaid Will said to have been executed in favour of the petitioner. Pursuant to the demise of the aforesaid Vasantha kumari, the petitioner submitted an application seeking transfer of the aforesaid liquor license into her name. The said application was rejected by respondent Nos.2 and 3 by issuing impugned endorsement and Communication letter, aggrieved by which, the petitioner is before this Court by way of the present petition.

4. A perusal of the impugned endorsement and Communication letter will indicate that the sole ground on which the application of the petitioner has been rejected is that the petitioner has been directed to approach the competent Civil Court and get her rights established in accordance with law prior to seeking request of transfer of the license in her favour. The petitioners and respondent Nos.4 to 7 have filed a joint memo which states that the respondents do not have any objection for transfer of liquor license by the competent authority in the name of the petitioner. In this context it is relevant to state that in the light of no objection certificate issued by other legal heirs of the deceased Vasantha Kumari, coupled with the facts that for the limited purpose of transferring the liquor license in favour of the petitioner and as held by this Court in W.P Nos.56185/2015 and 56499-56502/2015 dated 03.02.2016 between Smt. Hamsamma and others Vs. The Excise Commissioner in Karnataka and others, it would not be necessary for the petitioner to approach the competent Civil Court or seek declaration of any right in the estate of deceased Vasanth Kumari, I am of the considered opinion that the impugned endorsement and the communication deserves to be quashed and necessary direction are to be issued to the respondent Nos.1 to

3/concerned authorities in this regard.

5. In the result, I pass the following:

ORDER

1. The writ petition is hereby allowed.

2. The impugned order dated 23.03.2023 by the 2nd respondent and impugned Communication Letter dated

31.03.2023 by the 3rd respondent, are hereby quashed.

3. The concerned respondent Nos.1 to 3/concerned authorities are directed to transfer the liquor license standing in the name of Vasantha Kumari dated 29.06.2022 into the name of the petitioner and proceed to renew the same for the next excise year 2023-24 as expeditiously as possible within a period of 15 days from the date of receipt of copy of this order.

4. It is made clear that this order/direction issued to respondent Nos.1 to 3 / concerned authorities to transfer the license into the name of the petitioner from the name of Vasantha Kumari and to renew it for the next excise year 2023-24 is for the limited purpose of transfer and no opinion is expressed as regards the rights of the parties in relation to the reminder of estate of the Vasantha kumari.