Karnataka High Court
WP/30404/2026 of SHRI RUDRAGOUDA BABUGOUDA PATIL Vs THE STATE OF KARNATAKA on 28 September 2026
CNR: KAHC010667762026 NC: 2026:KHC:53661-DB WP No. 30404 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR WRIT PETITION NO.30404 OF 2026 (EXCISE-PIL)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
WRIT PETITION NO.30404 OF 2026 (EXCISE-PIL)
BETWEEN:
1.
SHRI RUDRAGOUDA BABUGOUDA PATIL
S/O BABUGOUDA PATIL,
AGED ABOUT 38 YEARS
R/O MATHAD STREET,
KADROLLI, KITTUR TALUK,
BELGAUM 591 153.
2.
SHRI BABU KULAKARNI,
S/O BASAVANNEPPA,
AGED ABOUT 56 YEARS
R/O NO.707, VIRBHDRESVAR ONI,
KADROLLI POST, KITTUR TALUK,
BELGAUM DISTRICT - 591 153.
…PETITIONERS
(BY SRI. B. N. SHETTY, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF FINANCE AND EXCISE
VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI
BENGALURU -560 001
Digitally
signed by
PAVITHRA N
Location:
High Court of
Karnataka
HC-KAR
2.
THE COMMISSIONER OF EXCISE
O/O. COMMISSIONER OF EXCISE
2ND FLOOR, TTMC "A" BLOCK BMTC COMPLEX,
SHANTHI NAGAR, BANGALORE 560 027
3.
THE DY. COMMISSIONER OF EXCISE
BELAGAVI SOUTH DISTRICT, BELAGAVI 590 016.
4.
M/S. DURGA LIQUOR SHOPS
A PARTNERSHIP FIRM AT VPC NO.1041,
HONAGA, BELAGAVI,
REP. BY ITS PARTNER,
SHRI NIRANJAN G. KALAL
…RESPONDENTS
(BY SRI. S.R.KHAMROZ KHAN, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER RULE 14(2) OF
THE HIGH COURT OF KARNATAKA RULES, 2018, PRAYING TO
ISSUE WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE
RESPONDENTS NOT TO GRANT PERMISSION FOR SHIFTING OF
CL-2 RETAIL LIQUOR SHOP FROM EXISTING OTHER PLACES
TO KADROLLI VILLAGE IN KITTUR TALUK, BELAGAVI DISTRICT
BY
CONSIDERING
THE
OBJECTIONS
FILED
BY
THE
PETITIONERS DATED 15.09.2026 VIDE ANNEXURE-"D".
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM:
HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
HC-KAR
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ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Heard the learned counsel appearing for the writ petitioners.
2. This writ petition is filed seeking the following prayers; "a) To issue writ in the nature of mandamus, directing the Respondents not to grant permission for shifting of CL-2 retail liquor shop from existing other places to Kadrolli Village in Kittur Taluk, Belagavi District by considering the objections filed by the Petitioners dated 15.09.2026 vide Annexure-"D"; b) To direct the Respondents to hear the Petitioners before passing any orders either for shifting of the CL-2 wine shop at Kadrolli Village or granting new retail liquor licences by allowing this writ petition, in the interest of justice and equity."
3. It is submitted by the learned counsel appearing for the writ petitioners that the writ petitioners are public spirit citizens and have no personal interest in the matter. However, it is stated that in the Kadrolli Village, which has a population of
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only 5,998 according to the 2011 census, there are already three retail liquor shops and that there is a proposal to shift another foreign liquor shop to the village as evidenced by Annexure-C.
4. Learned counsel appearing for the writ petitioners further submits that Annexure-D objection has been submitted by the public of the Kadrolli Village, pointing out these aspects, and that steps are being taken to shift the foreign liquor outlet to the Village without considering those objections.
5. Learned counsel would place reliance on Rule 12(2) and 12(3) of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 as well as Rule 23 of the Karnataka Excise (General Conditions of Licences) Rules, 1967.
6. The Learned Government Advocate submits that objections having been submitted by the writ petitioners before the Deputy Commissioner of Excise, the same will be considered in accordance with law before any order is passed shifting the liquor shop.
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7. In the above view of the matter, this writ petition is disposed of with a direction to respondent No.3 to take up and consider the objections preferred by the petitioners at Annexure-D as well, before passing any orders on the application made by respondent No.4 for shifting of the Foreign Liquor Shop to the Kadrolli Village, Kittur Taluk, Belagavi District. Appropriate orders shall be passed after considering the contentions raised in Annexure-D as well.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (K.S.BHARATH KUMAR) JUDGE
PN List No.: 1 Sl No.: 19