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2026 Supreme(Online)(Kar) 22133
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Vibhu Bakhru, CJ, C.M. Poonacha, J
State of Karnataka – Appellant
Versus
H.K. Venkataswamy Naidu – Respondent
WA No. 529 of 2026 | WRIT APPEAL NO. 529 OF 2026 (EXCISE)
For the Appellants/Petitioners: Shashikiran Shetty K., Prathima Honnapura, Namitha Mahesh B.G.
For the Respondents: B.N. Shetty
An interim order staying the enforcement of excise rules is set aside when the legal issues involved are already decided by the court in a similar preceding matter.
Headnote:(A) Excise Rules - Interim Stay - Enforcement of Rule 5 and 5A of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 - Where the legal issues regarding the enforcement of specific rules are squarely covered by a prior judgment of the Court in a similar matter, the interim order staying such rules is liable to be set aside. (Para 3, 4)
Issues: Whether the interim order staying the enforcement of Rule 5 and 5A of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 should be set aside.
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE INTERIM ORDER DATED 12.01.2026 PASSED IN W.P. No. 193/2026 (EXCISE) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT & ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellants have filed the present appeal impugning an interim order dated 12.01.2026 passed by the learned Single Judge in Writ Petition No.193/2026 (Excise).
2. A plain reading of the said order indicates that it is premised on the earlier interim orders passed in similar petitions staying the enforcement of Rule 5 and 5A of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 as amended by virtue of the Karnataka Excise (Sale of Indian and Foreign Liquors) (Second Amendment) Rules, 2025.
3. The said issues are squarely covered by a judgment dated 15.04.2026 passed by this Court in Writ Appeal No.541/2026 (Excise).
4. Accordingly, the present appeal is allowed and the impugned order is set aside.
5. The learned counsel appearing for the respondent submits that apart from the challenge to Rule 5 and 5A of the aforesaid Rules, the appellants have also raised certain other issues, including on factual aspects.
6. It is clarified that the present order will not preclude the respondent from agitating the same before the learned Single Judge.
7. The pending interlocutory applications also stand disposed of.
