Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6341 OF 2024 (EXCISE) BETWEEN:
1. S KUMAR GANSHYAM AGED ABOUT 45 YEARS,
2. S PRASHANTH AGED ABOUT 44 YEARS,
3. S PRAMODH AGED ABOUT 37 YEARS, Digitally R/AT 14/2, 2ND CROSS, signed by
KIRAN SRIRAMAPURAM, KUMAR R BANGALORE 560021. Location: …PETITIONERSHIGH COURT OF (BY SMT. SUDHA D.,ADVOCATE) KARNATAKA AND:
1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, VIDHANA SOUDHA,
2. THE EXCISE COMMISSIONER IN KARNATAKA -2- 2ND FLOOR TTMC A BLOCK, BMTC BUILDING, SHANTHINAGAR, BENGALURU 560027.
3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT,
4. THE DEPUTY COMMISSIONER OF EXCISE BENGALURU URBAN DISTRICT BUD-4 BENGALURU 560030.
5. C DONNIE PAUL S/O LATE ANTHONY PAUL C, AGED ABOUT 32 YEARS, CL-9, LICENSEE, ROSE GARDEN BAR AND RESTAURANT, NO 6/2, BANASAWADI ROAD, BENGALURU 560043 …RESPONDENTS (BY SMT. RADHA RAMASWAMY, AGA FOR R-1 TO R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO HEAR THE PETITIONERS AND PASS APPROPRIATE ORDERS ON THE REPRESENTATION DATED 31.01.2023 AS PER ANNEXURE-E ALTERNATIVELY, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The prayer in this petition is for issuance of a mandamus to direct respondent Nos.2 to pass appropriate orders on the representation dated 31.01.2023 which is produced at Annexure-E to the writ petition. -3-
2. Learned Additional Government Advocate for the
respondents submits that the representation of the petitioners has been considered and an endorsement has also been issued on 28.06.2023. She also places a copy of said endorsement on record and furnishes a copy of the same to petitioners.
3. In light of the endorsement that is stated to have
been issued on 28.06.2023, it is obvious that the prayer in the petition does not survive for consideration. Liberty is, however, reserved to the petitioners to challenge the endorsement dated 28.06.2023 in the manner known to law. Sd/- JUDGE GSR List No.: 1 Sl No.: 15