IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.30985 OF 2025 (EXCISE)

BETWEEN:

R.S. BABU NAIDU S/O LATE SEETHARAM, AGED 45 YEARS, R/AT NO.2, SAJJAN RAO ROAD, NEAR BASAPPA CIRCLE, BASAVANAGUDI, BANGALORE-04. …PETITIONER (BY SRI KARUMBAIAH T.A., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR ROAD, BANGALORE-560 001.

Digitally signed by MAHALAKSHMI B M 2. THE PRINCIPAL SECRETARY EXCISE DEPARTMENT, Location: HIGH COURT OF VIKAS SOUDHA, KARNATAKA DR. B.R. AMBEDKAR ROAD, BANGALORE-560 001.

3. THE DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI, KODAGU-571201.

4. THE DEPUTY COMMISSIONER (EXCISE)

KODAGU DISTRICT, MADIKERI, KODAGU-571201. …RESPONDENTS (BY SRI BHANUPRAKASH, AAG A/W SRI HARISHA A.S., AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS MORE PARTICULARLY THE 3^RD RESPONDENT PROHIBITING HIM TO PASS ANY ORDER RESTRAINING AND PROHIBITING TO SELL LIQUOR AND WINES ON 16.10.2025 AND ON 17.10.2025 IN ENTIRE KODAGU DISTRICT AND IT MAY BE RESTRICTED TO THE LOCAL LIMITS OF BHAGAMANDALA AND THALAKAVERY AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Heard learned counsel for the petitioner and learned AAG for the respondents.

2. The petitioner claims to be a CL-2 licence holder engaged in retail sale of liquor in the Kodagu District. The grievance urged by the petitioner is that, every year, during the occasion of Theerthodhbhava at Talakaveri, respondent No.3-Deputy Commissioner, Kodagu District, issues an order prohibiting the sale of liquor within a particular radius for one or two days. The petitioner apprehends that similar order may also be issued for the forthcoming Theerthodhbhava scheduled on 17.10.2025.

However, he is given to understand from the paper publication that respondent No.3 intends to pass an order restraining and prohibiting the sale of liquor and wines on 16.10.2025 and 17.10.2025 throughout the Kodagu District.

3. The petitioner in this writ petition seeks a writ of prohibition directing respondent No.3, not to issue any order restraining or prohibiting the sale of liquor and wines on 16.10.2025 and 17.10.2025 in entire Kodugu District.

4. Learned AAG brings to the notice of this Court that by invoking Section 21 of the Karnataka Excise Act, 1965, on 15.10.2025, respondent No.3 has passed a prohibitory order, directing that no liquor or wine shops shall operate on 17.10.2025 from morning 06.00 a.m. till midnight 12.00 p.m. In view of the said order having already been issued, the present writ petition seeking to prohibit respondent No.3 from issuing such an order has become infructuous. Accordingly, the writ petition is dismissed as infructuous. However, liberty is reserved to the petitioner to submit a representation or reply to respondent No.3 in response to the notification, and if such a representation / reply is made, the same shall be considered in accordance with law.

Sd/-

____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 1