SRI. M. SATISHCHANDRA SHETTY v. This Court has not expressed any opinion on
Case at a glance
Outcome
Disposed of
Petition is disposed of
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 77. The respondent No.2 has issued notice to the petitioner on the basis of the complaints registered by the local residents. Hence notice is issued and it is for the petitioner to appear and place on record the relevant documents and reply to the said…
Judgment
SRI. M. SATISHCHANDRA SHETTY S/O. M. LOKAYYA, AGE: 75 YEARS, OCC: BUSINESS, R/O. VIDYANAGAR, 2ND CROSS, HOSUR, HUBLI-580032, DISTRICT: DHARWAD. (BY SRI. RAGHUVEER R. SATTIGERI FOR SMT. SURABHI R. KULKARNI, ADVOCATES) AND:
THE COMMISSIONER, HUBLI-DHARWAD MUNICIPAL CORPORATION, (HDMC)-580020, DISTRICT: DHARWAD.
THE HEALTH OFFICER, HUBLI-DHARWAD MUNICIPAL CORPORATION, (HDMC)-580020, DISTRICT: DHARWAD.
THE DEPUTY COMMISSIONER OF EXCISE, DHARWAD-580009, DISTRICT: DHARWAD. (BY SRI. GIRISH S. HULMANI, ADVOCATE FOR R1 & R2; SRI. P.N. HATTI, HCGP FOR R3) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE NOTICE DATED 08.07.2025 BEARING NO.HDMC/L/2025-26 ISSUED BY THE RESPONDENT NO.2, AS PER ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:8776 WP No. 104563 of 2025 HC-KAR (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) ORAL ORDER
1. Heard the learned counsel for the petitioner. Learned counsel Sri.G.S.Hulmani accepts notice respondent No.1 and appears on caveat for respondent No.2. Learned HCGP Sri.P.N.Hatti accepts notice for respondent No.3.
2. This petition is filed by the petitioner seeking to quash the notice dated 08.07.2025 issued by the respondent No.2 vide Annexure-A.
3. The petitioner is running an establishment under the name and style of ‘Abhiman Wines’ since 30 years on securing valid licence to sell retail outlet of Indian liquor and foreign liquor. The same has been renewed from time to time. Respondent No.3 had issued licence to run the liquor shop on Plot No.14758/A, Baracotri, Dharwad. The petitioner has sought to shift the shop to PID No.2592, RR No.31415, Nirmal nagar, Dharwad town, Dharwad and filed an application on 14.05.2025. - 3 - NC: 2025:KHC-D:8776 WP No. 104563 of 2025 HC-KAR Respondent No.3 on consideration of the application for shifting the shop of liquor, permitted the same by order dated 17.05.2025. In pursuance to the permission so granted, the petitioner was running the liquor shop in the newly established location without violation of the terms and conditions.
This being the case, the respondent No.2 issued impugned notice dated 08.07.2025 notifying the petitioner that several complaints are received from the localities who are objecting for running of the liquor shop, hence the trade licence would be cancelled, if the petitioner fails to reply within three days. The petitioner is before this Court in view of the notice issued by the respondent No.2.
Learned HCGP representing the State sustains the notice and contends that the petitioner has submitted his reply and if any such reply is received, the same shall be considered in accordance with law, taking - 4 - NC: 2025:KHC-D:8776 WP No. 104563 of 2025 HC-KAR consideration the complaints of the residents of the localities.
I have heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.
Operative part
The respondent No.2 has issued notice to the petitioner on the basis of the complaints registered by the local residents. Hence notice is issued and it is for the petitioner to appear and place on record the relevant documents and reply to the said show cause notice and based on said show cause notice and reply, respondents shall act in accordance with law and pass suitable orders. Therefore, no order as of now is passed by the respondents. Accordingly, this petition is premature. Under the circumstances, I pass the following: ORDER i. Petition is disposed of. - 5 - NC: 2025:KHC-D:8776 WP No. 104563 of 2025 HC-KAR ii. The petitioner is at liberty to reply to the show cause notice issued by the respondent No.2. iii. The respondent No.2 shall consider the reply along with other documents, if any, produced by the petitioner, provide an opportunity of hearing and pass suitable orders, in accordance with law. iv. It is needless to mention that if the petitioner is aggrieved by any such order, he is at liberty to approach the appropriate forum/Court, seeking appropriate relief. v. This Court has not expressed any opinion on the merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 16
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.