Case Note & Summary
The petitioner, Vijayakumar Deshmukh, claiming to be the son of late Mallikarjun Reddy Deshmukh, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench. The petitioner sought a direction to the respondents (Commissioner of Excise, Deputy Commissioner Excise, and Excise Inspector) to consider his representations dated 21-05-2022, 05-10-2024, and 18-01-2025, which were made under Rule 5-A(3) of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968, for the transfer of a CL-2 license in his name. The petitioner's case was that his father was the original licensee, and upon his death, the petitioner was entitled to the transfer. Despite submitting multiple representations, the respondents did not take any action. The court, after hearing the petitioner's counsel and the Additional Government Advocate for the respondents, observed that the representations were pending for a considerable period. The court directed the respondents to consider the representations and pass appropriate orders in accordance with law within six weeks from the date of receipt of the order. The petition was disposed of with these directions.
Headnote
A) Excise Law - Transfer of License - Rule 5-A(3) of Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 - Consideration of Representation - Petitioner, claiming to be son of deceased licensee, sought transfer of CL-2 license in his name - Respondents failed to consider representations despite multiple reminders - Court directed respondents to consider and pass orders on the representations within six weeks - Held that statutory authorities must consider pending representations in accordance with law (Paras 1-4).
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representations dated 21-05-2022, 05-10-2024, and 18-01-2025 seeking transfer of CL-2 license under Rule 5-A(3) of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968.
Final Decision
The writ petition is disposed of directing the respondents to consider the representations dated 21-05-2022, 05-10-2024, and 18-01-2025 made by the petitioner under Rule 5-A(3) of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968, and pass appropriate orders in accordance with law within six weeks from the date of receipt of the order.
Law Points
- Rule 5-A(3) of Karnataka Excise (Sale of Indian and Foreign Liquor) Rules
- 1968
- Articles 226 and 227 of Constitution of India
- Consideration of representation
- Writ of mandamus
Case Details
2025 LawText (KAR) (11) 56
WP No. 203474 of 2025 (EXCISE)
Sri Avinash A. Uplaonkar (for petitioner), Sri Sheshadri Jaishankar M. (AGA for respondents)
The Commissioner of Excise, Deputy Commissioner Excise, Excise Inspector
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking direction to consider representations for transfer of excise license.
Remedy Sought
Petitioner sought direction to respondents to consider his representations dated 21-05-2022, 05-10-2024, and 18-01-2025 under Rule 5-A(3) of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968.
Filing Reason
Respondents failed to consider petitioner's representations for transfer of CL-2 license in his name as son of deceased licensee.
Issues
Whether the respondents are obligated to consider the petitioner's representations under Rule 5-A(3) of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968.
Submissions/Arguments
Petitioner argued that his representations were pending for long and respondents had not taken any action.
Respondents' counsel submitted that the representations would be considered in accordance with law.
Ratio Decidendi
Statutory authorities are duty-bound to consider pending representations made under relevant rules and pass orders in accordance with law within a reasonable time.
Judgment Excerpts
Petitioner claiming to be son of one Mallikarjun Reddy Deshmukh, is before this court seeking following reliefs:
The case of the petitioner is that his father was the licensee of CL-2 license and after his death, the petitioner made representations for transfer of the license in his name under Rule 5-A(3) of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968.
In the light of the above, without expressing any opinion on the merits of the case, this petition is disposed of directing the respondents to consider the representations dated 21-05-2022, 05-10-2024 and 18-01-2025 made by the petitioner under Rule 5-A(3) of the Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 and pass appropriate orders in accordance with law within six weeks from the date of receipt of this order.
Procedural History
Petitioner filed WP No. 203474 of 2025 under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench. The petition came up for preliminary hearing and was disposed of on 10-11-2025.
Acts & Sections
- Constitution of India: Articles 226, 227
- Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968: Rule 5-A(3)
