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Judgment
Ajit J. Gunjal, J.—Mr. H. Venkatesh Doddheri, learned Additional Government Advocate is directed to take notice for respondents 1, 2 and 4. Even though the matter is listed for preliminary hearing, with consent, it is taken up for final disposal.
The petitioner was issued with a CL-2 licence to run a Wine Store. Suffice it to say objections were raised by respondent 3 on the ground that the said wine store is close to a Mosque. Hence, Annexure-K is issued on 23-7-2012 directing the petitioner to shift the wine store to some other place. Aggrieved by the same the petitioner is before this Court. The only grievance of the petitioner is that there is a noncompliance of Rule 5(4) of the Karnataka Excise Licences (General Conditions) Rules, 1967.
Indeed, a perusal of Annexure-K discloses that such an exercise has not been done inasmuch as before passing the impugned communication at Annexure-K no notice was issued and the petitioner was not heard. This fact is not disputed by the learned Counsel appearing for the State. Having said so, the following order is passed:
(i) The petitioner shall take this proceeding as notice to him and shall appear before respondent 2 on 25-9-2012 without waiting for fresh notice.
(ii) Till the entire proceedings are concluded Annexure-K shall not be given effect to.
(iii) Petition stands disposed of accordingly.
(iv) All contentions are left open.
Mr. H. Venkatesh Doddheri, learned Additional Government Advocate appearing for respondents 1, 2 and 4 is permitted to file memo of appearance within four weeks.