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2025 Supreme(Online)(Kar) 40326

THE HIGH COURT OF KARNATAKA
MRS. K.S. HEMALEKHA, J
SMT. S.N. PUSHPALATHA W/O S.N. NATARAJA SHETTY, SHRI. S.N. NAVEEN KUMAR S/O S.N. NATARAJA SHETTY – Appellant
Versus
THE CHIEF SECRETARY KARNATAKA VIDHANA SOUDHA, GOVERNMENT OF KARNATAKA – Respondent


Advocates:
For the Appellants/Petitioners:SRI VIVEK REDDY, SENIOR ADVOCATE, SRI SUBBA REDDY K.N., ADVOCATE
For the Respondents:SRI RAJ KUMAR M., AGA, SRI G.K. BHAT, SENIOR ADVOCATE, SMT. SUDHA, D., ADVOCATE

Table of Content
1. challenge to licensing due to location restrictions (Para 1 , 2 , 4)
2. arguments regarding violation of rules and procedures (Para 5 , 6)
3. points for consideration in the writ petition (Para 7)
4. clarification on nature of the order and statutory requirements (Para 8 , 9)
5. writ petition maintainability and alternative remedies (Para 10)
6. existence of statutory avenue renders writ petition inappropriate (Para 12 , 13 , 14 , 15)
7. final order on the writ petition and amendment application (Para 16)

ORAL ORDER

This Writ Petition is filed calling in question the order dated 18.08.2025 passed by the Deputy Commissioner of Excise, Bangalore Urban District (respondent No. 4) whereby approval was accorded for the grant of a Form CL-7 licence in favour of respondent No. 6, M/s Surapana Boarding and Lodging, under the provisions of Karnataka Excise Act, 1965 (‘Act’ for short) and the Karnataka Excise Licences (General Conditions) Rules, 1967 (‘the Rules, 1967’ for short).

2. The petitioners seek to quash the said order as being contrary to Rule 5 of the Rules, 1967 and in violation of the direction issued by this Court in W.P No. 6336 of 2025 and W.P No. 8978 of 2025. Duri

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