IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF OCTOBER 2020

PRESENT

THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE

AND

THE HON’BLE MR. JUSTICE ASHOK S. KINAGI

WRIT PETITION NO.9278 OF 2020 (EXCISE-PIL)

BETWEEN:

1.

SMT. SARASWATHI

W/O LATE KRISHNA KUMAR

AGED 57 YEARS

BOLIYAMAJALU HOUSE

SULLIA KASABA, SULLIA VILLAGE

SULLIA TALUK

D. K. DISTRICT - 574 239.

2.

CHANDRAKALA

W/O AKSHARA

AGED 53 YEARS , BOLIYAMAJALU

HOUSE, SULLIA KASABA,

SULLIA VILLAGE AND TALUK

D. K. DISTRICT - 574 239.

3.

GANESH ALVA

S/O JAYARAM ALVA

AGED 48 YEARS, R/AT JAYA SADANA

NEAR BDO OFFICE, SULLIA TALUK

D. K. DISTRICT - 574 239.

4.

SHAREEF

S/O ABDULLA

AGED 35 YEARS

NAVOOR HOUSE

NEAR YATHEEM KHANA

2

SULLIA TALUK

D. K. DISTRICT - 574 239.

...PETITIONERS

(BY SRI. K RAVISHANKAR, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

REPT. BY ITS SECRETARY

DEPARTMENT OF EXCISE

VIDHANA SOUDHA

BENGALURU - 560 001.

2.

THE COMMISSIONER OF EXCISE

DEPARTMENT OF EXCISE

2^ND FLOOR, TTMC A BLOCK

BMTC BUILDING

SHANTHINAGAR

BENGALURU – 560 072.

3.

THE DEPUTY COMMISSIONER

DEPARTMENT OF EXCISE

MANGALURU

D K DISTRICT – 575 001.

4.

THE DEPUTY COMMISSIONER

D K DISTRICT

MANGALURU – 575 001.

5.

THE SULLIA TOWN PANCHAYATH

REP. BY ITS CHIEF EXECUTIVE OFFICER

SULLIA TALUK

D K DISTRICT - 574 239.

6

THE GENERAL MANAGER / MANAGING

DIRECTOR (MYOSRE ZONE)

MYSORE SALES INTERNATIONAL LTD. (MSIL)

(A GOVT. OF INDIA UNDERTAKING)

MSIL HOUSE, 36

CUNNINGHAM ROAD

BENGALURU – 560 052.

3

7.

THE BRANCH MANAGER

MYSORE SALES INTERNATIONAL LTD. (MSIL)

(A GOVT. OF INDIA UNDERTAKING)

MANGALURU BRANCH

NO.408, MAHENDRA ARCADE

3^RD FLOOR, KUDMUL RANGA RAO ROAD

KARANGALPADY

MANGALURU – 575 003.

…..RESPONDENTS

(BY SRI. VIJAYAKUMAR A PATIL, AGA FOR R-1 TO R-4

R-5,R-6 AND R-7 ARE SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE

DIRECTION PROHIBITING THE R-2 TO R-4 FROM ISSUING THE

LICENSE IN THE FORM OF CL-11C IN FAVOUR OF THE R-6 AND

R-7 AS PER THE APPLICATION DATED 08.05.2019 PRODUCED

VIDE ANNEXURE-A IN THE BUILDING BEARING DOOR NO.1-3-9

VISHWA COMPLEX, SULLIA, KASABA VILLAGE, JATTIPALLA

ROAD, SULLIA TOWN, SULLIA TALUK, D.K. DISTRICT AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF

JUSTICE MADE THE FOLLOWING:

ORDER

Heard the learned counsel appearing for the petitioners

and the learned Additional Government Advocate appearing for

the first to fourth respondents.

2. An application has been made by Mysore Sales

International Ltd. (sixth and seventh respondents) for a license

CL-11C under the provisions of the Karnataka (Sale of Indian

and Foreign Liquor) Rules, 1968, (for short the said Rules of

4

1968) The contentions raised in this petition can be

summarized as under:

i) The premises in respect of which license is sought is

within the distance of 100 meters of an Educational

Institution and a place of religious known as Ansariya

Yateem Khana;

ii) It is contended that Vishwa Complex in which proposed

liquor shop is to be established is just adjacent to a

State Highway and is within a distance of 100 meters of

the State Highway;

iii) It is contended that the representation made by the

petitioners was that the proposed premises is situated in

the residential locality where the inhabitants are

predominantly belonging to Scheduled Castes and

Scheduled Tribes;

iv) Therefore, a writ of mandamus is required to be issued

for prohibiting the first to fourth respondents from

issuing a CL-11C license to the sixth and seventh

respondents.

5

We must also note here that a contention has been

raised in paragraph-15 of the petition that local MLA has raised

objection for establishment of the liquor shop.

3. The learned Additional Government