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Judgment
The above writ petition’s are filed seeking the following prayers:
IN WP.No.27456/2026
i.writ in the nature of certiorari or any other appropriate writ, order or direction quashing the impugned order dated 19-08-2026 passed by the Karnataka Appellate Tribunal in Appeal No. 413/2026 vide Annexure-G and consequently the order dated 10-08-2026 in Appeal No. ECS:59:APP:2026 passed by the 1st respondent vide Annexure-F, both refusing to grant the interim order of stay staying the order dated 11-05-2026 in No.EXE/43/IML/2025-26 passed by the 2nd Respondent directing the petitioner shift his CL-2 license to some other alternative premises within 90 days vide Annexure-E:
ii.issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case in the interest of justice and equity.”
IN.WP.No. 27479/2026
“WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to issue a;
(a)writ in the nature of certiorari or any other appropriate writ, order, or direction quashing the impugned order dated 19-08-2026 passed by the Karnataka Appellate Tribunal in Appeal No. 410/2026 vide Annexure-G and, consequently, the order dated 10-08-2026 in Appeal No. ECS:57:APP:2026 passed by the 1st respondent vide Annexure-F both refusing to grant the interim order of stay staying the order dated 11-05-2026 ir No.EXE/45/IML/2025-26 passed by the 2nd Respondent directing the petitioner shift his CL-2 license to some other alternative premises within 90 days vide Annexure-E
(b)issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case in the interest of justice and equity.”
IN WP.No. 27493/2026
“WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to issue a;
(a)writ in the nature of certiorari or any other appropriate writ, order, or direction quashing the impugned order dated 19-08-2026 passed by the Karnataka Appellate Tribunal in Appeal No. 412/2026 vide Annexure-G and consequently the order dated 10-08-2026 in Appeal No. ECS:56:APP:2026 passed by the 1st respondent vide Annexure-F both refusing to grant the interim order of stay staying the order. dated 11-05-2026 in No.EXE/41/IML/2025-26 passed by the 2nd Respondent directing the petitioner shift his CL-2 license to some other alternative premises within 90 days vide Annexure-E
(b)issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case in the interest of justice and equity.”
IN WP.No.27494/2026
“WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to issue a:
(a)writ in the nature of certiorari or any other appropriate writ order or direction quashing impugned order dated 19-08-2026 passed by the Karnataka Appellate Tribunal in Appeal No. 409/2026 vide Annexure-G and consequently the order dated 10-08-2026 in appeal No, ECS:55:APP:2026 passed by the 1s respondent vide Annexure-F both refusing to grant the interim order of stay staying the order dated 11-05-2026 in No.EXE/46/IML/2025-26 passed by the 2nd Respondent directing the petitioner shift his CL-2 license to some other alternative premises within 90 days vide Annexure-E-
(b)issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case in the interest of justice and equity.”
IN WP.No.WP 27496/2026
“WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to issue a;
(a)writ in the nature of certiorari or any other appropriate writ, order or direction quashing impugned order dated 19-08-2026 passed by the Karnataka Appellate Tribunal in Appeal No. 411/2026 vide Annexure-G and consequently the order dated 10-08-2026 in appeal No. ECS:58:APP:2026 passed by the 1st respondent vide Annexure-F both refusing to grant the interim order of stay staying the order dated 11-05-2026 in No.EXE/44/IML/2025-26 passed by the 2nd Respondent directing the petitioner shift his CL-2 license to some other alternative premises within 90 days vide Annexure-E
b)issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case in the interest of justice and equity.”
Learned counsel for the petitioners submits that the petitioner has been engaged in the retail sale of liquor by virtue of the CL-2 license granted in the City Municipal Council, KGF, for many years, including for 2025-2026. The license has been renewed for five years and will expire in 2029-30. It is submitted that they have been operating the shops for several years, and there has been no complaint from any corner. It is further submitted that Public Interest Litigation in WP.No.1931/2024 (Excise) was filed by one R.Jayakumar, and all the petitioners were made respondents in the said PIL. That PIL was dismissed by order dated 18.02.2026, wherein the Court observed that none appeared for the petitioner and that the petitioner is essentially aggrieved by the wine shops operating in the vicinity of Kuvempu Bus stop. The petitioner also alleges that the wine shops are selling illicit liquor. Learned Addl. Government Advocate submits that the said grievance does not survive, as the bus stand in question has been shifted. Accordingly, the Division Bench has dismissed the PIL.
It is further stated that Respondent No. 2 appears to have directed the Deputy Superintendent of Police to register an FIR on 25.07.2025, alleging that the petitioner has opened the premises beyond the permitted time, based on a single breach of license conditions, which is otherwise confoundable under Section 45 of the Karnataka Excise Act. It is stated that further a show cause notice dated 05.11.2025 was issued, asking the petitioner why the said license should not be shifted, as there is a bus stand near the license premises of the petitioner and the shop is causing disturbance to public peace and tranquility. In reply to the said show cause notice, the petitioner submitted a reply dated 14.11.2025 explaining the detailed reasons.
It is stated that, without even referring to the said reply, Respondent No. 2, in a cyclostyled format, passed an order directing shifting of the CL-2 license of the petitioner within 90 days to some other unobjectionable premises. Aggrieved thereby, all the petitioners have preferred appeals. In the appeal, they have also filed an IA seeking an interim order to continue their business pending disposal of the Appeal, and the same was not granted by the appellate authority; thereby, the petitioners are constrained to approach this Court.
When this matter came up yesterday before this court, learned counsel for the petitioner submitted that, in the light of the submission made before the Division Bench in the PIL that the bus stand is shifted, there is now no cause of action. The reason shown in the show cause notice and in the order no longer survives, and he drew the attention of the court to the order and the petitioner sought an interim order permitting them to continue the liquor business, pending disposal of the Appeal. Learned AGA sought time to file objections. Considering the urgency expressed by the petitioner, this Court directed the AGA to get instructions and directed the matter to be listed next day. He relied on the order passed in the case of M/s.Raviraj Enterprises Vs. The Commissioner of Excise & anr arising out of WP.No.102040/2025.
Today, when the matter came up, the learned AGA placed before the court a copy of the letter dated 01.09.2026 issued by the City Municipal Commissioner, KGF, and a copy of the GPS photographs of the bus stop along with CL-2 wine shops. Relying on this, the learned AGA submits that the bus stand is very much in existence, and if the petitioner is permitted to run the business, it would cause a lot of hardship. It is submitted that the order refers to the learned Civil Judge having also visited the said place and, considering so many aspects, has passed this order, which is causing a lot of inconvenience to the children and the women.
Having heard the learned counsel for the petitioner and the learned AGA, perused the material on record. Yesterday this Court was inclined to pass an interim order pending disposal of the appeal, based on the submission made by the learned AGA before the division bench in the PIL. Now, photographs and a letter are placed before the Court showing that the bus stand is still operating from there. Learned counsel for the petitioner has objected that there is no bus stand. When photographs are placed before this Court and a letter from the Municipal Commissioner, KGF, stating that there is a bus stand, this Court, looking at the larger public interest and the allegations, cannot grant an interim order.
Accordingly, this Court is passing the following:
ORDER
The writ petition is disposed of, directing the Karnataka Appellate Tribunal, Bangalore to dispose of the appeal within a period of one week.
If any of the documents/submissions that are placed before the court are incorrect, the petitioner is at liberty to avail the appropriate remedy.
Pending IAs., in this petition shall stand closed.