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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

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. During the pendency of this Writ Petition, the petitioners have filed an application under Order VI Rule XVII of CPC seeking to amend the Writ Petition to additionally challenge the final licence order dated 06.09.2025 which was issued pursuant to the impugned approval.

Facts in brief:

5. Learned Senior Counsel appearing for the petitioners contends that the Deputy Commissioner of Excise has acted in violation of Rule 5 , sub-clause (2) and contrary to the directio

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