Petitioner is the co-owner of the property bearing

No.1475 measuring 8714 square feet situated in Saudi

Gram, Gadag. On the said property, 600 square feet is

constructed for commercial purpose and part of the same

property was given on rent to the 6^th respondent namely

<Friends Association, Sudi= (for short, 8the Association9) on

lease/rent basis which was executed on 30.06.2017.

2. Learned counsel for the petitioner submits that

during pendency of the lease agreement, respondent

3

No.6-tenant, who was holder of CL-4 licence was supposed

to use the said premises for the purpose of recreation

activities and serving of liquor in a separate room

exclusively to the members of the Association. But instead

of confining to the regulations and terms and conditions of

the licence issued, the 6^th respondent has violated the

same in serving liquor to strangers, who are not the

members of the Association. Despite petitioner informing

this fact to the 6^th respondent-tenant, he has not adhered

to follow the Rules and Regulations of licence.

3. It is further contended that he has not paid rent

for more than 03 years. Therefore, respondent No.6 is in

violation of payment of rent and has also violated

conditions of licence issued by the 2^nd respondent. Hence,

same is in violation of the Act and the Rules. Due to the

violation of the terms and conditions of the licence issued

by the 2^nd respondent, petitioner gave a representation to

respondent Nos.2 to 5 on 26.05.2022 to take action

against the 6^th respondent and also sought for relief not to

renew the licence under the Karnataka Excise Act to the

6^th respondent.

4

4. In view of representation having not been

considered by respondent Nos.2 to 5, petitioner is before

this Court seeking a writ of mandamus by way of direction

to respondent Nos.2 to 5 to consider the representation

made to them.

5. Learned Addl. Government Advocate representing

respondent Nos.1 to 5 submits that the licence to the 6^th

respondent has been issued by prescribing certain terms

and conditions in the said licence and the same will have

adhered to by the 2^nd respondent. If there is any violation

and same comes to the knowledge of respondent Nos.1 to

5, they will take action in accordance to law. Learned

Addl. Government Advocate further contends that if the 6^th

respondent has violated any of the terms and conditions of

the licence issued under Form CL-4, then the petitioner is

at liberty to approach the respondents for during renewal

of licence and that the present petition filed under Article

226

of

the

Constitution

of

India

would

not

be

maintainable, hence same deserves to be dismissed.

6. On bare perusal of the contents and the

averments

made

in

the

writ

petition,

admittedly

5

respondent No.6 is a tenant under petitioner. Respondent

No.6 is said to have been running a recreation activities in

the form of Association. The rental agreement produced

by the petitioner at Annexure-C does not prescribe any

period of time of tenancy. However, petitioner has

produced the registration certificate of respondent No.6.

7. Grievance of the petitioner as per paragraph No.2

of his petition is apparently clear that he has initiated this

petition for the reasons that respondent No.6 has not paid

the rent and in order to evict on the ground of illegal

activities having been carried out in the premises

belonging to him.

8. In the present case on hand, petitioner has

obtained a licence under CL-4 from the concerned

authorities. Licence is for serving of liquor governed under

the Karnataka Excise Act (Sale of Indian and Foreign

Liquor) Rules, 1968 as per Rule 3 Sub Rule 4- Licence to

Clubs. Same is extracted below :

<3(4) Licence to Clubs.- The Agent,

Secretary or Manager or any other person

entrusted with the management of the business

6

of the club shall apply and obtain licence in Form

CL-4 from the Deputy Commissioner.

Explanation.-For the purpose of this

clause, a club means a body of persons

registered

under

the

Karnataka

So