Sujatha Brandy vs Deputy Commissioner on 17 June, 2014

[Cites 0, Cited by 0]

Karnataka High Court

Sujatha Brandy vs Deputy Commissioner on 17 June, 2014

Bench: A.N.Venugopala Gowda

                         :1:



          IN THE HIGH COURT OF KARNA TAKA
                  DHARWAD BENCH

       DATED TH IS THE 17 T H DAY OF JUNE 2014


                      BEFORE

 THE HON'BLE MR.JUS TICE A.N.VENUGOPALA GOWDA


       WRIT PETITION NO.103844/2014 (EXCISE)

BETWEEN:

SUJATHA BRANDY
A REGD PARTNERSHIP FIRM
ENGAGED IN RETAIL SALES OF
LIQUOR CL-2, LICENS E,
CTS NO. 6706/75A TO 22/1
B SHOP NO. 2, PALA BADAMI ROAD,
GADAG, DIS T: GADAG
R/BY ITS PARTNERS

1.    ANAND S/O. SHIVAJI KALYAN
      AGE: 46 YEARS ,
      R/O. GAJENDRA GADA
      DIST: GADAG

2.    CHAITRA W/O. ANAND KALYAN
      AGE: 38 YEARS ,
      R/O. GAJENDRA GADA
      DIST: GADAG.

                                  ... PETITIONERS
(BY SRI RAJASHEKAR BURJI, ADVOCA TE.)

AND

1.    DEPUTY COMMISSIONER
      DIST: GADAG

2.    DEPUTY COMMISSIONER OF EXCISE
      GADAG DISTRICT.

                                   ... RESPONDENTS
(BY SRI M.KESHAVAREDDY, AGA.)
                             :2:



     THIS WRIT PETITION IS FILED UNDER A RTICLES
226 AND 227 OF THE CONS TITU TION OF INDIA ,
PRAYING TO DIRECT THE RESPONDENTS TO ACCEPT
THE REPRES ENTATION DATED 23.11.2013 AS PER
ANNEXURE-F SUBMITTED BY THE PETITIONER NO.2
AND INCORPORA TE THE NAME OF THE ADMITTED
APRTNER IN PLACE OF THE DECEASED PARTNER AS
SHOWN IN THE RECONS TITU TED PARTNERSHIP DEED
AS PER ANNEXU RE-C EFFECTIVE FROM 24.05.2013,
ETC.,.

     THIS PETITION COMING ON FOR ORDERS , TH IS
DAY, THE COURT MADE THE FOLLOWING:


                           ORDER

Petitioner, a partnership firm, was constituted with two partners by name Sri Shivaji Kalyan and Smt.Chaitra W/o.Anand Kalyan. Licence in Form No.CL2 having been issued, was renewed on 27.6.2012. One of the partners i.e., Sri Shivaji Kalyan died on 24.5.2013. The petitioner reported to respondent no.2, on 23.11.2013, about the death of Sri Shivaji Kalyan and the reconstitution of the firm w.e.f. 24.5.2013 and requested for incorporation of the name of the new partner admitted into partnership. The licence having been renewed for the year 2013-14 and a representation submitted on 23.11.2013, :3: vide Annexure-F, having not been considered and the decision made known to the petitioner, this writ petition was filed asking for a mandamus.

2. Sri M.Keshavareddy, learned AGA submitted that the representation of the petitioners, vide Annexure-F, if not already considered and decision taken by the respondent no.2, would be considered and the outcome of consideration would be made known without any delay, to the petitioner.

3. Since the renewal of licence of the petitioner is due w.e.f. 1.7.2014, keeping in view the submission made by the learned AGA, respondent no.2 is directed to consider the representation, as at Annexure-F, of petitioner no.2, expeditiously and before 26.6.2014.

4. It is made clear that, no opinion is expressed on the merit of the application made by the petitioner, much less the applicability or otherwise of the order dated 30.4.2014, passed in :4: W.P.Nos.19893-95/2013. It is for the respondent no.2, to consider the claim made in the said representation, in accordance with law.

In the result, writ petition is disposed of, in term of observations made supra. Compliance on or before 26.6.2014.

A copy of this order be furnished to Sri M.Keshavareddy, learned AGA.

SD/-

JUDGE Mrk/-

Unlock Advanced Research with PRISMAI

Karnataka High Court