Karnataka High Court
Abdul Kareem vs State Of Karnataka on 3 December, 2012
Bench: N.K.Patil, B.S.Indrakala
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 3RD DAY OF DECEMBER, 2012
:PRESENT:
THE HON'BLE MR.JUSTICE N.K.PATIL
AND
THE HON'BLE MRS.JUSTICE B.S.INDRAKALA
Writ Petition Nos.42154-160 of 2012 (S-KAT)
Between:
1. Abdul Kareem
Aged About 54 Years,
S/O Late Md. Moulana,
Working As Inspector Of Excise
Humnabad Range, Gulbarga-585103
And R/At No. 11-1041/11/40
Hussain Garden, Near Hussain
Public School, MSK Mill,
Gulbarga- 585103
2. S S Handral
Aged About 51 Years,
S/O Somappa Handral,
Working As Inspector Of Excise,
Bailthongal Range,
Bailhongal Dist,
Belgaum
3. R M Jayaram
Aged About 53 Years,
S/O Late Mariyappa,
Working As Inspector Of Excise,
2
Chikkanayakanahalli, Tumkur
District & R/S Vidyanagar,
1st Cross, 1st Main, C.N. Halli,
Tumkur District
4. Manjunatha
Aged About 52 Years,
S/O Thimmaiah,
Working As Inspector Of Excise
At The Office Of The Deputy Commissioner Of
Excise,Shimoga R/At "Sankalpa"
3rd Cross, Sharavathinagar "B"Block,
Shimoga- 577202
5. Venkateshmurthy Shirur
Aged About 52 Years,
S/O Madhwacharya,
Working As Inspector Of Excise,
Indirangar Range, Bangalore City
& R/At No. 69, 18th Cross,20th Mian,
M.C. Layout, Vijayanagar,
Bangalore- 560 040
6. M Nagaraj
Aged About 49 Years,
S/O Late Mallappa,
Working As Inspector Of Excise
Davanagere Range No.1 & R/At
Vikrama, No. 36, 9th Main,
Mcc Block, Davanagere
7. Sathyanarayana Trivedi
Aged About 46 Years,
S/O Hanumanthappa,
Working As Inspector Of Excise
Range-I, Gulbarga And R/At No.
132/A, Gabari Lay-Out,
3
Lukeman Pharmacy
College Road, Gulbarga- 585102
...Petitioners
(By Sri. P.S.Rajagopal, Senior Counsel for Sri. M.N.Prasanna
and Sri. K.Puttegowda)
And :
1. State Of Karnataka
By Its Secretary To Government
Department Of Finance And Excise
Vidhana Soudha,
Bangalore- 560 001
2. Commissioner Of Excise
Vokkaligara Bhavan,
Hudson Circle,
Bangalore- 560 001
3. D Akash Deep
Major, Father's Name Not
Known to the Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
RPC Lay-Out Range, BDA Complex,
Vijayanagar, Bangalore-40
4. A Anil Kumar
Major, Father's Name Not
Known to the Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Padmanabhanagar Range,
BDA Complex, Banashankari,
Bangalore
4
5. G Chandrashekara
Major, Father's Name Not
Known to the Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Anekal Range, Anekal,
Bangalore Urban District
6. K V Dinakar
Major, Father's Name Not
Known to the Petitioners,
Working As Excise Inspector,
O/O The Joint Commissioner Of
Excise, State Excise Intelligence Bureau, New Public
Office Building,2nd Floor, K.R. Circle,
Bangalore- 560 001
7. Ms. C G Kantha Kumari
Major, Father's Name Not
Known to the Petitioners,
Working As Excise Inspector,
O/O The Joint Commissioner Of
Excise, State Excise Intelligence Bureau, New Public
Office Building,2nd Floor, K.R. Circle,
Bangalore- 560 001
8. Ms. B L Kavitha
Major, Father's Name Not
Known to the Petitioners,
Working As Excise Inspector,
O/O The Superintendent Of Excise,
M/S Shashi Distilleries(P) Ltd.,
9th Mile Stone, Bannerghatta Road,
Bangalore- 560 076
9. T C Krishnamurthinaik
Major, Father;s Name Not
Known to the Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
5
Mahalaxmi Lay-Out Range,
No.169, 2nd Stage,West Of Chord Road,Opp: Nandini
Theatre, Mahalaxmipuram, Bangalore-86
10. P Lakshminaryan
Major, Father's Name Not
Known to the Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Kalasipalya Range,J.C. Road,
Bangalore
11. Ms K Latha
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Superintendent Of Excise,
M/S J P Distilleries Limited,
Makali Village,Bangalore
Urban District
12. G S Madhusudan Reddy
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise,
Koramangala Range, 3rd Floor
Excise D.C Office, Bangalore
Urban District, Poornima Theatre Complex, J C Road,
Bangalore
13. M Mahadev
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Excise Inspector,
Subhashnagar Range, 6th Cross,
Anandrao Layo-Out,Gandhinagar,
Bangalore- 560 009
6
14. K Mohana
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Inspector Excise,
Banashankari Range,
BDA Complex,Banashankari
Bangalore
15. C J Nagaraja
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Inspector Excise,
Nandini Layout Range, No. 159,
2nd Stage, West Of Chord Road,
Opp: Nandini Theatre,
Mahalaxmipuram, Bangalore- 86
16. M Paramesh
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Superintendent Of Excise
Yeshwanthpur, No. 159, 2nd Stage,
West Of Chord Road,Opp:
Nandini Theatre, Mahalaxmipuram,
Bangalore- 86
17. Ms M S Poornima
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Superintendent Of Excise
M/S John Distilleries Limited,
Mysore Road, Bangalore
18. Ms B R Premalatha
Major Father's Name Not
Known to the Petitioners
7
Working As Excise Inspector,
O/O The Superintendent Of Excise
M/S Orian Distilleries Limited,
No.1, Industrial Suburb,
Yeshwanthpuram,
Bangalore.
19. S Ravikumar
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise,
Gokul Road, No. 1876, 3rd "A"
Main, 7th Cross, Judicial Lay-Out, Allalsandra,
Bangalore- 560 065.
20. Shekappa M Shiggaon
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise,
Vijayanagar Range,
BDA Complex, Vijayanagar,
Bangalore- 560 040
21. Ms K Shobha
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise,
Gandhinagar Range, 6th Cross,
Anandrao Lay-Out, Gandhinagar,
Bangalore- 560 009.
22. Ms M R Shobha
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Superintendent Of Excise,
M/S Khoday Breweries Limited,
8
Konanakunte Cross, Kanakapura
Main Road, Bangalore.
23. Ms Smitha Konded
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise,
Subramanyanagar Range,
1st Main, 7th Cross, Gayathrinagar,
Bangalore- 560 021.
24. J Subhashchandra
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise,
Adugodi Range, 3rd Floor,
Excise D.C Office, Bangalore
Urban District,Poornima
Theatre Complex, J C Road,
Bangalore.
25. Sumana V Patel
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise,
Jayanagar Range, 2nd Floor,
Excise D.C. Office, Bangalore
Urban District, Poornima
Theatre Complex,J.C. Road,
Bangalore.
26. M B Sunil
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Superintendent Of Excise,
M/S Khoday Breweries Limited,
9
Kanakunte Cross, Kanakapura
Main Road, Bangalore.
27. P S Suresh
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Deputy Superintendent
Of Excise, Anekal Sub-Division,
Anekal, Bangalore Urban District
28. R Suresha
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise
Frazer Town Range,
BDA Complex, Indiranagar,
Bangalore
29. D N Thippeswamy
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise
Peenya Range, No. 159, 2nd
Stage, West Of Chord Road,
Opp: Nandini Theatre,
Mahalaxmipuram,
Bangalore- 560 086
30. Ms B Vasanthi
Major Father's Name Not
Known to the Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise
Rajajinagar Range, No. 159,
2nd Stage, West Of Chord Road,
Opp: Nandini Theatre,
Mahalaxmipuram, Bangalore-86
10
31. N Venugopal
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise
City Market Range, 3rd Floor,
Excise D.C. Office, Bangalore
Urban District, Poornima
Theatre Complex, J.C Road,
Bangalore
32. G V Vijayakumar
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Joint Commissioner Of
Excise, State Excise Intelligence Bureau,New Public
Office Buidling,
2nd Floor, K.R. Circle,
Bangalore- 560 001
33. H S Jagadish Chandra
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Deputy Superintendent
Of Excise, Hoskote Sub-Division,
Hoskote, Bangalore Rural District
34. Ms B V Mamatha
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Superintendent
Of Excise,
KBD Distilleries (P)Ltd.,
20th Mile, Nelamangala,
Bangalore Rural District
11
35. Shivabhavikatti
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Deputy Commissioner Of
Excise, Bangalore Rural District,
Visveswaraiah Podium Block,
Opp: Coffee Board, Bangalore-01
36. Suresh Kumar
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise,
KSBEL Depot, Devanahalli,
Bangalore Rural District
37. Anilkumar Nandeshwar
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise,
Jamkhandi Range, Jamakhandi,
Bagalkote District
38. Sanhoshkumar L Thippan
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Deputy Commissioner Of
State Excise, Bagalkote District,
Bagalkot
39. Shrishah Hiremath
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Deputy Superintendent
Of Excise, Bagalkote Sub-Division,
Bagalkote
12
40. Bahubali Hulloli
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Deputy Superintendent
Of Excise,Chikkodi Sub-Division,
Chikkodi, Belgaum District
41. Channagowda Patil
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Deputy Superintendent
Of Excise,Belgaum Sub-Division
Belgaum, Belgaum District
42. Deepali Maruthi Hebbali
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Deputy Commissioner
Of State Excise, Belgaum District,
Old P.B.Road, Belgaum
43. Doddappa
Major Father's Name Not
Known To The Petitioners
Working As Excise Inspector,
O/O The Inspector Of Excise,
Parasgad Range, Belgaum
Belgaum District
44. N K Jagadish
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Superintendent Of Excise,
M/S Renuka Sugars Limited,
Munnoli, Savadathi Taluk,
Belgaum District
13
45. Lagamanna Salagare
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Athani Range, Athani,
Belagum District
46. Mudennavar Gangadhar
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Gokak Range,Gokak
Belagum District
47. Shreeshail Awaji
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Deputy Superintendent
Of Excise, Ramdurga Sub-Division,
Ramdurga, Belgaum District
48. Vijayakumar J Hiremath
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Chikkodi Range, Chikkodi,
Belgaum District
49. Vijayakumar J Hiremath
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Chikkodi Range, Chikkodi,
Belgaum District
14
50. Vinod Dhange
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Hukkeri Range, Hukkeri
Belgaum District
51. Anand Ukkali
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Deputy Commissioner,
Of State Excise,Bellary District,
Bellary
52. Basavaraj N Gaddi
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Hospet Range, No.1,Hospet,
Bellary District
53. H Devaraja
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Sandur Range, Sandur,
Bellary
54. Monappa
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
15
Hadagali Range, Hadagali,
Bellary District
55. Veeresh Chikaraddy
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Bellary Range No.1,Bellary,
Bellary District
56. Vishwanath Ganiger
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O Deputy Superintendent
Of Excise, Hospet Sub-Division
Hospet, Bellary District
57. Anil Kumar
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O Deputy Commissioner
Of Excise, Bidar District
Bidar
58. Guthedar Hanmant
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O Deputy Superintendent
Of Excise, Bidar Sub-Division
Bidar, Bidar District
59. Md Ismail Inamdar
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
16
O/O The Inspector Of Excise,
Bhalki Range, Bhalki
Bidar District
60. Hanamanthray Vajramati
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Hampi Heritage Weary,
Bijapur, Bijapur District
61. Jagadeesh Inamadar
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
KSBEL Depot, Bijapur,
Bijapur District
62. Ravindra
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Sindagi Range, Sindagi
Bijapur District
63. Shankargowda Patil
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Indi Range, Indi,
Bijapur District
64. Y S Vishwanath
Major,Father's Name Not
Known To The Petitioners,
17
Working As Excise Inspector,
O/O The Inspector Of Excise,
Bijapur Range, Bijapur,
Bijapur District
65. J N Nataraju
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Deputy Commissioner Of
State Excise, Chamarajnagar,
Chamarajnagar District
66. Govindaraju
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Deputy Commissioner Of
State Excise, Chikmagalur District,
Chikmagalur
67. Nowshad Ahmed Khan
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Kadur Range, Kadur,
Chikmagalur District
68. M C Pradeep
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Koppa Range, Koppa
Chikamagalur District
69. Ms B Sujatha
Major,Father's Name Not
18
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Tarikere Range, Tarikere
Chikmagalur District
70. V Chandrappa
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Chintamani Range,
Chintamani , Kolar District
71. M Nataraj
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Deputy Superintendent Of Excise,
Chinthamani Sub-Division,
Chinthamani, Kolar District
72. G Ramakrishnappa
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
KSBCL Depot, Chinthamani
Kolar District
73. N Ramesh
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Chikkaballapur Ranage,
Chikkaballapur,Kolar District
19
74. S R Vishwanatha Babu
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
KSBCL Depot, Shiddlagatta
Kolar District
75. Basappa Pujar
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Challakere Range, Challakere
Chitradurga District
76. Ms N R Jayapradha
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Chitradurga Range, Chitradurga
Chitradurga District
77. J R Vishwanatha
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Deputy Commissioner Of
State Excise, Chitradurga District,
Chitradurga
78. H Ashoka
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Belthangadi Range, Belthangadi,
D.K. District, Mangalore
20
79. Rajesh Nayak
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Sulya Range, Sulya,
D.K. District, Mangalore
80. H J Ashoka
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O Deputy Superintendent Of
Excise, Davanagere Sub-Division
Davanagere District
81. Basavaraj Davanakatti
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O Deputy Superintendent Of
Excise, Harihara Sub-Division
Harihara, Davanagere District
82. Ms K Latha
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O Isnpector Of Excise,
Harapanahalli Range,
Harapanahalli,
Davanagere District
83. S R Murudesha
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O Inspector Of Excise,
Honnali Range, Honnali,
Davanagere District
21
84. K L Nagaraju
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O Inspector Of Excise,
Harihara Range , Harihara,
Davanagere District
85. B Umashankar
Major,Father's Name Not
Known To The Petitioners,
Working As Excise Inspector,
O/O The Deputy Commissioner Of
State Excise,Davanagere District,
Davanagere
86. Beemanna
Major
Father's Name Not Known To The Petitioner
Working As Excise Inspector,
O/O The Inspector Of Exciuse,
Kundgol Range Kundgol
Dharwad District
87. Prakash
Major
Father's Name Not Known To The Petitioner
Working As Excise Inspector,
O/O The Inspector Of Exciuse,
Navalgund Range, Navalgund
Dharwad District
88. Premsing Sitappa Lamani
Major
Father's Name Not Known To The Petitioner
Working As Excise Inspector,
O/O The Deputy Superintendent
Of Excise, Hubli Sub Division
Hubli Dharwad District
22
89. Atmalingayya Mathapati
Major
Father's Name Not Known To The Petitioner
Working As Excise Inspector,
O/O The Inspector Of Excise
Rona Range Rona
Gadag District
90. Mallikarjuna Reddy
Major
Father's Name Not Known To The Petitioner
Working As Excise Inspector,
O/O The Inspector Of Excise
Gadag Range Gadag
91. Ravi Nagaral
Major
Father's Name Not Known To The Petitioner
Working As Excise Inspector,
O/O The Inspector Of Excise
Shirahalli Range Shirahatti
Gadag District
92. Abubakar Mujawar
Major
Father's Name Not Known To The Petitioner
Working As Excise Inspector,
O/O The Deputy Commissioner Of
State Excise, Gulbarga District,
Gulbarga
93. Gurusiddappagowd S Patil
Major
Father's Name Not Known To The Petitioner
Working As Excise Inspector,
O/O The Inspector Of Excise
Chittapur Range, Chittapur Gulbarga
23
94. Mohiddin
Major
Father's Name Not Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Aland Range,
Aland
Gulbarga District
95. Sathish Shivshankar Kagal
Major
Father's Name Not Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise,
Jewargi Range Jewargi
Gulbarga District
96. Ms. A.C. Latha
Major
Father's Name Not Known To The Petitioners,
Working As Excise Inspector,
O/O The Superintendent Of Excise
Bannimantapa Mysore
Mysore District
97. H Manjegowda
Major
Father's Name Not Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise
Hassan Range No 1
Hassan District
98. Ms H C Rashmi
Major
Father's Name Not Known To The Petitioners,
Working As Excise Inspector,
O/O The Inspector Of Excise
Belur Range Belur
Hassan District
24
99. K.G. Santosh
Major
Father's Name Not Known To The Petitioners,
Working As Excise Inspector,
O/O The Deputy Superintendent Of Excise, Hassan
Sub Division
Hassan,. Hassan District
100. Ms. R N Vanajakshi
Major
Father's Name Not Known To The Petitioners,
Working As Excise Inspector
O/O The Inspector Of Excise,
KSBCL Depot Hassan
Hassan District
101. Basavaraj Karamannana
Major
Father's Name Not Known To The Petitioners,
Working As Excise Inspector
O/O The Deputy Superintendent
Of Excise Ranebennur Sub Division
Ranebennur Haveri District
102. S Deepak
Major
Father's Name Not Known To The Petitioners,
Working As Excise Inspector
O/O The Inspector Of Excise
Savanur Range Savanur
Haveri District
103. Honnappa Olekar
Major
Father's Name Not Known To The Petitioiner,
Working As Excise Inspector
O/O The Deputy Superintendent Of Excise, Haveri
Sub Division
Haveri Haveri District
25
104. N.H.Parameshwarappa
Major
Father's Name Not Known To The Petitioiner,
Working As Excise Inspector
O/O The Inspector Of Excise
Ranebennur Range,
Ranebennur Haveri District
105. Ravi Marigouda Marigoud
Major
Father's Name Not Known To The Petitioiner,
Working As Excise Inspector
O/O The Inspector Of Excise
Shiggaon Range Shiggoan
Haveri District
106. Tukaram Naik
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Byadagi Range Byadagi
Haveri District
107. N T Ananda Kumar
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Somvarpet Range, Somvarpet,
Kodagu District
108. Ms. M.R. Chithra
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Ksbcl Kushalnagar,
Kodagu District
26
109. K K Hidayathulla
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Ksbcl Kushalnagar,
Kodagu District
110. C Lakshmisha
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Virajpet Range
Kodagu District
111. Amanulla Khan
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Mulbagilu Range, Mulbagilu
Kolar District
112. H Jithendra
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Superintendent Of Excise, Kolar Sub
Division
Kolar Kolar District
113. M Nataraju
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Commissioner Of Excise, Kolar
District
Kolar
27
114. V Raghunatha
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Bangarpet Range, Bangarpet,
Kolar District
115. Manjunath V Malipatil
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Commissioner Of State Excise,
Koppal Range,
Koppal
116. Ramanagouda Mudigouda
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Kustagi Range, Kustagi
Koppal District
117. M U Sangamesh Mariyappa
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Superintendent Of Excise Koppal
Sub Division
Koppal Koppal District
118. Yamananoorsab Hosaman
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Koppal Range Koppal
Koppal District
28
119. P Ramesh
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
K R Pet Range K R Pet,
Mandya District
120. A Rupesh Kumar
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Maddur Range, Maddur
Mandya District
121. H S Shivappa
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Nagamangala Range
Nagamana Mandya District
122. Ms. U.V. Geetha
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Superintendent Of Excise,
M/S. Chamundi Distellary (P) Ltd.,
Maliyur T Narasipura Taluk
Mysore District
123. A V Gireesha
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Periyapatna Range,
Periyapatna Mysore District
29
124. K S Mahesh
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Mysore Range, No 2 Mysore
Mysore District
125. Meena
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Ksbel Depot Hunsur
Mysore District
126. M D Mohan Kumar
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
K R Nagar Range, K R Nagar,
Mysore District
127. Ms. P Prema
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O Superintendent Of Excise
M/S. Gemini Distilleries
Nanjangud Mysore District
128. H K Ramesh
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Mysore Range No 3 Mysore
Mysore District
30
129. K Srinivas
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Superintendent Of Excise, Hunsur
Sub Division
Mysore District
130. K M Thamanna
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Kollegal Range Kollegal
Chamarajnagar District
131. L B Vikram
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Commissioner Of State Excise,
Mysore District
132. G Vivek
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Nanjangud Range
Nanjangud Mysore District
133. P Nagaraj
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Sindanur Range, Sindanur
Raichur District
31
134. Nimbanna
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Manvi Range Manvi
Raichur District
135. S Dharani Kumar
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Superintendent Of Excise, Shimoga
Sub Division
Shimoga District
136. B L Ravi Shankar
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Hosanagar Range, Hosabnagar
Shimoga District
137. M C Shankara
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Sagara Range Sagar
Shimoga District
138. Ms Srimathi
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Shimoga Range No 2 Shimoga
32
139. Syed Tafjeel Ulla
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Shikaripura Range,
Shikaripura Shimoga District
140. Basavaraj Ingalagavi
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Superintendent Of Excise,
M/S. Netrawathi Distillery
Kunigal Tumkur District
141. M L Harisha
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Pavagada Range, Pavagada
Tumkur District
142. Ms N Jyothi
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Sira Range Sira
Tumkur District
143. Cc K Mahendra
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Superintendent Of Excise Tumkur
Sub Division
Tumkur
33
144. A P Narasimha Murthy
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O Inspector Of Excise
Koratagere Range
Koratagere Tumkur District
145. K C Siddalingaswamy
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O Inspector Of Excise
Tumkur Range Tumkur
Tumkur District
146. Sudha S Karegowdar
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O Inspector Of Excise
KSBCL Depot Sira
Tumkur District
147. K T Vijayakumara
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O Inspector Of Excise
Turuvekre Range
Turuvekere Tumkur District
148. H G Virupaksha
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Superintendent Of Excise,
Madhugiri Sub Divisoin
Mahdugiri Tumkur District
34
149. K T Dharmappa
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Udupi Range No 1 Udupi
Udupi District
150. D Gurumurthy Palekar
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Superintendent Of Excise Udupi Sub
Division
Udupi District
151. Ms N Jyothi
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Superintendent Of Excise,
M/S. Sarvada Distillery Limited
Udupi Udupi District
152. Ms K Shobha
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Superintendent Of Excise,
Kundapur Sub Division
Kundapur
Udupi District
153. Vinod Kumar
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise,
Karkala Range, Karkala
Udupi District
35
154. Manjunath V Areguli
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Commissioner Of State Excise,
Uttara Kannada
District, Karwar
155. Naveen Gaonkar
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Ankola Range Ankola
U.K District, Karwar
156. Ms Bharati
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Surapur Range Surpur
Yadgir District
157. Prabhugowda M Patil
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Shahapur Range Shahapur
Yadgir District
158. Shantesha M Kamathara
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Deputy Commissioner Of State Excise, Yadgir
District, Yadgir
36
159. Vittal Rao M Wali
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Inspector Of Excise
Yadgir Range Yadgir District
160. Sanjeevreddy B Balulad
Major
Father's Name Not Known To The Petitioner,
Working As Excise Inspector
O/O The Superintendent Of Excise,
Karnataka Breweries And Distilleries Pvt Ltd.,
Nulvi Cross, Hubli, Dharwad.
... Respondents
(By Smt. Revathy Adinath Narge, HCGP, for R1 & R2;
Sri. R.Nagendra Naik, Advocate for R10, R81 & R114;
Sri. S.V.Narasimhan, Advocate for R26, R72, R77 & R112;
Sri. M.S.Bhagwat, Advocate for R32, R80, R84, R99 & R115;
Sri. R.Rajanna, Advocate for R52, R13, R29 & R153;
R3, R4-R7, R9, R11, R12, R14-R19, R21-R25, R27, R28,
R30, R31, R33, R34, R46, R49, R51, R55, R56, R63, R66-68;
R70, R74, R76, R97, R98, R105 served;
R110, R111, R113, R120, R127, R128, R132, R142- R148,
R151, R152, R155 -served;
Awaiting Notice to R18, R20, R36-45, R47, R48, R50, R53,
R54, R57-62, R64, R65, R69, R71, R73, R75, R78, R79, R82,
R83, R85-R96, R100-R104, R106-R109, R116-R119, R121-
R126, R129-R131, R133-R141, R149, R150, R154, R156-
R160 is dispensed with v/o. dated 03/12/2012)
These W.Ps. are filed under Articles 226 and 227 of the
Constitution of India, praying to quash the Order dated
03/09/2012 passed by the Karnataka Administrative
Tribunal, Bangalore in application Nos.5316 to 5322/12,
(under Annexure-A to the WP) by issue of a Writ in the
nature of Certiorari and direct the official respondents not to
effect any promotion to the cadre of Deputy Superintendent
37
of Excise by operation of the seniority list published by the
R2 vide official memorandum dated 04/07/2012 during the
pendency of the application Nos.5316 to 5322/2012 before
the Tribunal and grant such other consequential reliefs.
These W.Ps. coming on for Orders, this day,
N.K.PATIL J., made the following:
:O R D E R:
These seven petitioners in these petitions have sought for quashing of the Order dated 03/09/2012 passed by the Karnataka Administrative Tribunal, Bangalore in application Nos.5316 to 5322/12, (under Annexure-A to the WP) by issuing a Writ in the nature of Certiorari and also sought to direct the official respondents not to effect any promotion to the cadre of Deputy Superintendent of Excise by operation of the seniority list published by the 2nd respondent vide Official Memorandum dated 04/07/2012 during the pendency of the applications before the Tribunal and grant such other consequential reliefs.
2. These petitioners questioning the correctness of the Official Memorandum dated 4.7.2012 issued by the 2nd respondent have filed their applications before the Tribunal in Nos.5316-5322/2012, in so far as it 38 pertains to the rankings assigned to the private respondents over and above the applicants and to grant all consequential benefits that would flow from such correction being made by the respondents. The said matters had come up for consideration before the Tribunal. The Tribunal, after hearing, has admitted the applications for hearing, ordered notice to the respondents and as regards interim order, has directed that, any promotions to the post of Deputy Superintendent of Excise on the basis of the impugned seniority list shall be subject to the decision of those applications. Being aggrieved by the same, the petitioners have presented these petitions.
3. We have heard learned counsel appearing for the parties.
4. When these maters had come up for preliminary hearing before this Court on 19.10.2012, learned Government Pleader appearing for R- 1 and 2 on instructions from the officers submitted that, the 39 respondent Nos. 1 and 2 will not give effect to the official memorandum dated 4.7.2012 for a period of two weeks. The said interim order has been continued from time to time till today. As rightly pointed out by the learned counsel for the petitioners during the course of his submission, the words used at ink page No. 334 at item No.7, cannot be accepted. The competent authority has to decide the matter in accordance with law. These petitioners have been waiting for promotions since 2009. The Tribunal ought to have taken these factors into consideration and ought to have restrained the respondents from proceeding with the matter till the disposal of those applications. Taking into consideration the grounds urged in these petitions and in the light of the submissions made by learned counsel for the parties, without expressing any opinion on merits and demerits of these cases, these petitions are disposed of, with a direction to the respondent Nos. 1 and 2 not to give any promotion to 7 posts of Deputy Superintendent 40 of Excise so far as it relates to these petitioners on the basis of the impugned seniority list for a period of eight weeks. Further, to safeguard the interest of the petitioners as well as the respondents, we direct the Tribunal to dispose of the matters on merits, as expeditiously as possible, at any rate, within a period of eight weeks.
With the above observations, these writ petitions stand disposed of.
In view of the disposal of the main matters, the prayers sought by the petitioners in I. A.Nos.II and III of 2012 do not survive for consideration. Hence, they are disposed of as having become infructuous.
Ordered accordingly.
SD/-
JUDGE SD/-
JUDGE tsn*