The Karnataka High Court dismissed a writ petition filed under Articles 226 and 227 of the Constitution of India read with 14(1) of the High Court of Karnataka (public interest litigation) Rules 2018, praying to issue a writ of certiorari to quash the general license issued by the 7th respondent-panchayat development officer. The Court observed that the right to run a business in accordance with law is constitutionally guaranteed and unless the objection of the public at large to the conduct of such a business fits into the legal parameters, such a right cannot be curtailed.
Brief Facts:
Respondent No.8 who is running an entity under the caption “Annpurna Bar & Restaurant” is a Licensee to run the liquor shop. It is admitted in the Petition that the License has been granted by the Competent Authority.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the Licensed premises is less than 100 meters distance from a religious place namely Idgah; that on receipt of representation submitted by the Petitioners, there was some movement by the authority of the State as well as concerned Village Panchayat for the breach of extant instructions; the Authorities were desirous of shifting the Licensed premises to some other place.
The Court noted that no authentic report of jurisdictional Authorities is placed on record to show that the subject Wine Shop premises is situated within the prohibited distance from a school, hospital, any religious institution, shrine, or the like.
The Court observed that in the absence of any authentic report of jurisdictional Authorities to show that the subject Wine Shop premises is situated within the prohibited distance from a school, hospital, any religious institution, shrine, or the like, a petition cannot be entertained merely because the people in the area suffer some annoyance because of the Wine Shop.
The Court said that the right to run a business in accordance with law is constitutionally guaranteed and unless the objection of the public at large to the conduct of such a business fits into the legal parameters, such a right cannot be curtailed.
Further, on the contention of the Wine Shop premises being situated within a distance of 100 meters measured from the Idgah, the Court said that no official record is produced nor any reason is assigned for non-production to show the actual distance being less than 100 meters. Neither the Petitioners nor any of those who had given the representation to the Authorities are shown to be the persons professing Islamic religion.
The decision of the Court:
The Karnataka High Court, dismissing the petition, held that the writ petition is devoid of merits.
Case Title: Sri Balaji & Ors. v State of Karnataka & Ors.
Coram: Hon’ble Justice Prasanna B. Varale
Case no.: WRIT PETITION NO. 25270 OF 2023 (EXCISE-PIL)
Advocate for the Petitioner: Mr. Narasi Reddy G
Advocate for the Respondents: Ms. Nilourfer Akbar
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