Shivakumar vs The State Of Karnataka
2022 Latest Caselaw 7469 Kant

                              1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 25TH DAY OF MAY, 2022

                        PRESENT
 THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
                          AND
       THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
          WRIT APPEAL NO. 389/2022 (EXCISE)

BETWEEN

SHIVAKUMAR
S/O S.P GANGADHAR,
AGED ABOUT 48 YEARS,
NO.981, 16TH CROSS,
13TH MAIN, "D" BLOCK,
SAHAKARANAGAR,
BENGALURU - 560 092.
                                           ..APPELLANT

(BY SRI G.K. BHAT, SENIOR ADVOCATE FOR
SMT. SUDHA D., ADVOCATE)


AND

1.    THE STATE OF KARNATAKA,
      DEPARTMENT OF EXCISE,
      VIDHANA SOUDHA,
      BENGALURU - 560 001.

2.    THE DEPUTY COMMISSIONER OF EXCISE,
      CHIKKABALLAPURA DISTRICT,
      CHIKKABALLAPURA - 561 207.

3.    THE EXCISE INSPECTOR,
      GOWRIBIDANUR TALUK,
      GOWRIBIDANUR.
                             2



4.   SRI RAMANJINAPPA
     S/O SRI GANGAPPA,
     AGED ABOUT 49 YEARS,

5.   SRI BHAKTAR VALI
     S/O SRI SAB JAN,
     AGED ABOUT 34 YEARS,

6.   SRI IMTHIYAJ
     S/O SRI HASHIM SAB,
     AGED ABOUT 36 YEARS,

7.   SRI MARUTHI
     S/O SRI NANJUNDAPPA,
     AGED ABOUT 27 YEARS,

8.   SRI RAMESH
     S/O SRI NARAYANAPPA,
     AGED ABOUT 31 YEARS,

9.   SRI SHIVAKUMAR
     S/O SRI NAGARAJ,
     AGED ABOUT 26 YEARS,

10 . SRI H.R. NARASIMHA MURTHY
     S/O SRI RAMANJINAPPA,
     AGED ABOUT 29 YEARS,

11 . SRI MADHUSUDHAN H.R.
     S/O SRI RAJAPPA,
     AGED ABOUT 32 YEARS,

12 . SRI SOMESH H.C.
     S/O SRI CHOWDAPPA,
     AGED ABOUT 29 YEARS,
     ALL ARE R/AT HUNASENAHALLI VILLAGE,
     MELYA PANCHAYATH,
     NAGARAGERE HOBLI,
     GOURIBIDNUR TALUK,
     CHIKKABALLAPURA - 561 208.
                                        ...RESPONDENTS
                                3



(BY SRI VIJAYAKUMAR A. PATIL, AGA FOR R- 1 TO R-3
SRI. K. SHASHI KIRAN SHETTY, SENIOR ADVOCATE
FOR SMT. LATHA SHETTY, ADVOCATE FOR R-4
SRI. K.H. SOMASHEKHARA, ADVOCATE FOR C/R-5)
                          ---

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR RECORDS, ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT AND ORDER
DATED 25.03.2022 PASSED BY THE HON'BLE SINGLE JUDGE
ON I.A. NO.1/2022 AND I.A. NO. 3/2022 IN W.P. NO.
1599/2022 (EXCISE) AND ETC.,

     THIS WRIT APPEAL COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:


                         JUDGMENT

This intra-Court appeal has been filed against the order

dated 25.03.2022 passed on I.A.Nos.1/2022 and 3/2022 in

W.P.No.1599/2022 (Excise).

2. Learned counsel for the appellant submits that the

pleadings have been exchanged before the writ Court and the

matter is ripe for hearing. The next date fixed is 27.05.2022.

3. Learned Additional Government Advocate

appearing for respondent Nos.1 to 3 and Mr.K.Shashi Kiran

Shetty, learned Senior Advocate appearing for respondent

Nos.4, 6 to 12 submit that they have filed their statement of

objections and they are ready for final hearing. They will not

seek any adjournment on the next date and as such, the writ

appeal may be disposed of with a request to the learned

Single Judge to decide the writ petition finally on the next date

fixed.

4. In view of the above, the writ appeal is disposed

of at this stage with a request to the learned Single Judge to

make all possible endeavour to consider and decide the writ

petition finally on the next date fixed. If not possible, by fixing

some short dates expeditiously.

5. The pending interlocutory application does not

survive for consideration and is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

KPS