SRI. B. JAYARAMA REDDY v. THE EXCISE COMMISSIONER

SRI. B. JAYARAMA REDDY, S/O LATE BHADRACHALA REDDY, AGED ABOUT 56 YEARS, RESIDING AT NO.111/1, 4TH MAIN ROAD, HEBBAL GANGANAGAR LAYOUT, BENGALURU-560032. (BY SRI N.N. DAMODAR, ADVOCATE) AND:

THE EXCISE COMMISSIONER 2ND FLOOR, DIAMOND JUBLIEE COMMERCIAL COMPLEX, VOKKALIGARA BHAVAN BUILDING, SAMPANGIRAMNAGAR, BENGALURU-560009.

THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BANGALORE-560009.

DEPUTY COMMISSIONER OF EXCISE (BUD 2) BANGALORE NORTH NO.48, 13TH CROSS ROAD, MOUNT LAYOUT, MALLESHWARAM, BENGALURU-560003.

THE ASSISTANT DIRECTOR TOWN PLANNING (EAST), BBMP, 22 FLOOR, SUBASHCHANDRA MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:48056 WP No. 5178 of 2023 HC-KAR BOSE BUILDING, M.G. ROAD, BENGALURU-560001.

THE COMMISSIONER BBMP, N.R. SQUARE, BENGALURU-560002.

THE MEDICAL OFFICER OF HEALTH BBMP, HEBBAL DIVISION, 1ST MAIN ROAD, A BLOCK, NEAR BASAWESHWARA TEMPLE, HEBBAL, BENGALURU-560024.

MR. N.R. LAKSHMIKANTH S/O NOT KNOWN TO PETITIONER, AGED MAJOR, AT NO.24, 4TH MAIN ROAD, GANGANAGAR, BENGALURU-560032.

MRS. MANJULA KANTH W/O N.R. LAKSHMIKANTH, AGED MAJOR, AT NO.24, 4TH MAIN ROAD, GANGANAGAR, BENGALURU-560032. …RESPONDENTS (BY SRI RAJ KUMAR M., AGA FOR R-1 TO R-3; SMT. SUMANGALA GACHCHINAMATH, ADVOCATE FOR R-4 TO R-6; V/O. DATED 22.08.2025, NOTICES TO R-7 & R-8 ARE H/S) RESPECT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN BEARING ‘TRADE NO.EA09020746152745823 (ANNEXURE-A) AND LIQUOR SALE LICENSE CL-7 BEARING REGISTER NO.EXE/R-10/BUD 2/32/CL- 7/2021-22 (ANNEXURE-B) AND ISSUE APPROPRIATE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION AND ETC. LICENSE’ TO THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:48056 WP No. 5178 of 2023 HC-KAR ORAL ORDER The petitioner has approached this Court seeking to quash the trade licence dated 17.02.2022 and the liquor sale licence (CL-7) dated 22.03.2022 issued by respondent No.6 in favour of respondent Nos.7 and 8.

2. Heard learned counsel the petitioner, learned Additional Government Advocate for respondent Nos.1 to 3 and learned counsel for respondent Nos.4 to 6.

3. It submitted that pursuant objections/complaint lodged by the petitioner, competent authority (BBMP) has already taken action, imposed certain conditions, and renewed the trade licence in favour of respondent Nos.7 and 8. If the petitioner is aggrieved by any such conditions or by the renewal of the licence in favour of respondent Nos.7 and 8, the appropriate remedy to approach the competent authority under the Bruhat Bengaluru Mahanagara Palike Act, 2020 (‘BBMP Act’ for short). - 4 - NC: 2025:KHC:48056 WP No. 5178 of 2023 HC-KAR

4. Insofar as the grant of the liquor sale licence (CL-7) in favour of respondent Nos.7 and 8 by respondent No.3–the Deputy Commissioner is concerned, Section 61(2) of the Karnataka Excise Act, 1965 provides a mechanism enabling an aggrieved person to prefer an appeal before the Excise Commissioner.

5. In view of the availability of alternative efficacious remedy, and there being no exceptional circumstances warranting exercise of jurisdiction under Article 226 of the Constitution of India, this Court is not inclined to entertain the writ petition. The petitioner is at liberty to approach the Excise Commissioner in respect of the CL-7 licence, and before the appropriate authority under the BBMP Act insofar as prayer No.1 is concerned.

6. If the petitioner files an appeal before the Excise Commissioner, the same shall be disposed of as expeditiously as possible, in accordance with law. - 5 - NC: 2025:KHC:48056 WP No. 5178 of 2023 HC-KAR

7. Accordingly, the writ petition stands disposed of. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 13