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NC: 2023:KHC:33012

WP No. 19465 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF SEPTEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE B M SHYAM PRASAD

WRIT PETITION NO. 19465 OF 2023 (EXCISE)

BETWEEN:

V GOPAL

S/O VENKATAPPA,

AGED ABOUT 65 YEARS,

R/AT NO. 214, 2ND CROSS,

KASTURINAGAR,

BENGALURU-560043

THOUGH HIS G.P.A HOLDER

SMT. SWARANALATHA GOPAL

W/O V. GOPAL,

AGED ABOUT 54 YEARS,

R/AT NO. 214, 2ND CROSS,

KASTURINAGAR,

BENGALURU-560043.

…PETITIONER

(BY SRI. G.K. BHAT, SENIOR ADVOCATE FOR

SMT. SUDHA D., ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

REP BY TS ADDITIONAL

CHIEF SECRETARY

VIDHANA SOUDHA,

BENGALURU-560001.

Digitally

signed by

NARASIMHA

MURTHY

VANAMALA

Location:

HIGH

COURT OF

KARNATAKA

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NC: 2023:KHC:33012

WP No. 19465 of 2023

2.

THE EXCISE COMMISSIONER IN KARNATAKA

2ND FLOOR, TTMC 'A' BLOCK,

BMTC BUILDING

SHANTINAGAR,

BENGALURU-560027.

3.

THE DEPUTY COMMISSIONER

BENGALURU URBAN DISTRICT,

K.G. ROAD, BANGALORE-560001.

4.

THE DEPUTY COMMISSIONER OF EXCISE

BENGALURU URBAN DISTRICT-(BUD-1)

NO.26/4, 3RD FLOOR,

INDUSTRIAL SUBURB,

NEAR MYSORE SANDAL

SOAP FACTORY, METRO STATION,

WEST OF CHORD ROAD,

BANGALORE-560010.

…RESPONDENTS

(BY SRI.SHAMANTH NAIK., HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH

THE

IMPUGNED

ENDORSEMENT

COPY

OF

THE

ENDORSEMENT DATED 14.07.2022 IN NO.EXE (BUD-1)

IML /NAM.LAY.VA/URJITHA/02/422/2020-21 PASSED

BY THE R4 AS PER ANNEXURE-F; DIRECT THE R4 TO

RECONSIDER THE APPLICATION FOR RENEWAL OF

THE LICENSE IN FORM CL-9 MADE BY REMITTING THE

PRESCRIBED FEES IN TERMS OF CHALLAN DATED

09.10.2019 AS PER ANNEXURE-B.

THIS PETITION, COMING ON FOR ORDERS, THIS

DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC:33012

WP No. 19465 of 2023

ORDER

The petitioner, who admittedly is certified by a

Medical Board with M/s Victoria Hospital, Bengaluru,

is

bed/wheelchair

bound

and

is

completely

dependent on others for physical and mental

activities. The petitioner is represented by his wife

and his power of attorney. The petitioner has

executed the power of attorney dated 18.05.1999

[Annexure-C] in her favour inter alia to look after the

liquor business for which CL-9 license is issued.

2.

The petitioner is aggrieved by the fourth

respondent's

Endorsement

dated

14.07.2022

[Annexure-F], and the fourth respondent, by this

impugned endorsement, has informed the petitioner’s

wife that in view of the disqualification under the

provisions of Rule 4B of the Karnataka [Sale of Indian

and Foreign Liquors] Rules, 1968 [for short, 'the

Rules, 1968'] there cannot be renewal of the CL-9

license issued to the petitioner.

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NC: 2023:KHC:33012

WP No. 19465 of 2023

3.

At the outset, it must be observed that

after this Court's order dated 27.05.2022 in the

earlier round of writ petition in W.P. No.9187/2022,

the petitioner is examined by the Medical Board, and

his condition is evaluated, at the instance of this

Board, by a Consultant Neurologist and Consultant

Psychiatrist with Victoria Hospital, Bengaluru. The

evaluation and the Board’s opinion as regards the

petitioner's condition is as follows:

"….. Neurologist is of the opinion - that this patient

is suffering from Global Aphasia and Psychiatrist

is of the opinion that patient is having Post Stroke

Sequalae and presently patient is confined to

wheel chair and dependent for all his activities.

Neurologist has certified that patient is presently

confined to wheel chair or bed and is completely

dependent for all his Activities of daily living

[ADL]. Old records are available.

Hence, the Medical Board of Victoria Hospital,

Bengaluru is of the opinion that this patient, Mr.

V. Gopal is bed/wheel chair bound and is

completely depend on others for his physical and

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