Citation : 2026 Latest Caselaw 630 Kant
Judgement Date : 31 January, 2026
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NC: 2026:KHC-D:1347
WP No. 100708 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 31ST DAY OF JANUARY 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO. 100708 OF 2026 (GM-RES)
BETWEEN:
1. SRI. RAVINDRA MARUTI PATROT,
AGED 47 YEARS, OCC: AGRICULTURE,
2. SRI. PRAKASH PURANDAR INGALE
AGED 51 YEARS, OCC: AGRICULTURE,
3. SRI. SURESH YALLAPPA RENTI
AGED 39 YEARS, OCC: AGRICULTURE,
4. SRI. SIDDAPPA KRISHNAPPA KALELI
AGED 34 YEARS, OCC: AGRICULTURE,
5. SMT. GOURABAI BABU CHOUGULA
AGED 62 YEARS, OCC: HOUSEHOLD WORK,
ALL ARE R/O. CHINCHALI, TQ: RAIBAG,
DIST: BELAGAVI-590001.
...PETITIONERS
MANJANNA (BY SRI. RAMACHANDRA A.MALI, ADVOCATE FOR
E SRI. SUNIL KHOT, ADVOCATE)
Digitally signed by
MANJANNA E
Location: HIGH COURT OF
KARNATAKA DHARWAD
AND:
BENCH
Date: 2026.01.31 17:41:19
+0530
1. THE STATE OF KARNATAKA
REP. BY ITS PRL. SECRETARY,
DEPT. OF FINANCE (EXCISE),
M S BUILDING, BENGALURU-01.
2. THE COMMISSIONER OF EXCISE,
2ND FLOOR, TTMC, A-BLOCK,
BMTC, SHANTINAGAR, BENGALURU-27.
3. THE DY. COMMISSIONER OF EXCISE,
BELAGAVI DISTRICT,
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NC: 2026:KHC-D:1347
WP No. 100708 of 2026
HC-KAR
BELAGAVI-590001.
4. THE DY. COMMISSIONER
BELAGAI DISTRICT,
BELAGAVI-590001.
5. THE ASST. COMMISSIONER
CHIKODI SUB-DIVISION,
CHIKODI, DIST: BELAGAVI-590001.
6. THE TAHASILDAR,
RAIBAG, TQ: RAIBAG,
DIST: BELAGAVI-590001.
7. THE CHIEF OFFICER,
CHINCHALI TOWN PANCHAYAT,
CHINCHALI, TQ: RAIBAG,
DIST: BELAGAVI-590001.
...RESPONDENTS
(BY SMT. GIRIJA S.HIREMATH, HCGP)
THIS WRIT PETITION IS FILED UNDER ARICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER WRIT OR ORDE IN THE LIKE NATURE,
DIRECTING THE RESPONDENTS HEREIN TO CONSIDER THEIR
REPRESENTATION DATED 13.1.2026 PRODUCED AT ANNEXURE-D AS
PER THE ORDER DATED 14.2.2017 PASSED BY THIS HON'BLE COURT
IN W.P NO.5722/2017 (GM-RES-PIL) AND ACCORDINGLY DIRECT THE
RESPONDENTS TO ISSUE NOTIFICATION FOR CLOSURE OF LIQUOR
SHOPS/BARS IN CHINCHALI TOWN PANCHAYAT DURING THE ANNUAL
MAYAKKAY DEVI TEMPLE CHINCHALI FAIR SCHEDULED TO BE HELD
BETWEEN 1-2-2026 TO 09-2-2026 IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
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NC: 2026:KHC-D:1347
WP No. 100708 of 2026
HC-KAR
ORAL ORDER
The petitioners, who are the residents of Chinchali
village, Raibag Taluk, Belagavi District, have approached
this Court seeking a writ of mandamus directing the
respondents, particularly respondent No.4-Deputy
Commissioner, Belagavi District to consider their
representation dated 13.01.2026 [Annexure-D] and further
to issue a notification for closure of Liquor Shops/Bars in
Chinchali Town Panchayat during the annual Jatra/Fair of
deity Mayakka Devi Temple, Chinchali, scheduled to be held
on 01.02.2026 to 09.06.2026.
2. The grievance of the petitioners is that,
notwithstanding the submission of the representation well in
advance, no decision has been taken by the competent
authority. It is contended that during previous years,
permission for sale of Liquor during the annual Jatra
resulted in law and order problems, disturbance to religious
activities and breach of public peace.
NC: 2026:KHC-D:1347
HC-KAR
3. Learned counsel for the petitioners submits that
Section 21 of the Karnataka Excise Act, 1965 ("the Act
1965" for short) empowers the authorities to order closure
of Liquor Shops during festivals, processions or when there
is a threat to maintenance of law and order. It is further
submitted that this Court, in W.P.No.5722/2017 [GM-RES-
PIL] had earlier directed the authorities to consider closure
of Liquor Shops during the said annual Fair and to take
appropriate decision in that regard.
4. It is also pointed out that the festival is an
annual event attracting a large congregation of devotees
and that the villagers are repeatedly constrained to
approach this Court every year due to the inaction on part
of the authorities, despite the earlier directions issued by
this Court.
5. This Court is conscious of the fact that
maintenance of law and order squarely falls within the
domain of the District Administration, particularly the
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HC-KAR
Deputy Commissioner. However, when a large religious
gathering, fair or procession is scheduled, the Deputy
Commissioner is duty bound to assess the situation and
take a timely and reasoned decision as to "whether
temporary closure of Liquor Shops/Bars is necessary to
ensure peaceful conduct of the event"
6. In the facts and circumstances of the case,
having regard to the limited prayer made in the writ
petition, this Court is of the view that, the grievance of the
petitioners can be adequately addressed by directing
consideration of the representation in accordance with law.
7. Accordingly, this Court pass the following;
ORDER
i) The writ petition is disposed of.
ii) Respondent No.4-Deputy Commissioner, Belagavi District, is directed to consider the petitioners' representation dated 13.01.2026 [Annexure-D] and take a decision as to whether closure of 'Liquor
NC: 2026:KHC-D:1347
HC-KAR
Shops' and 'Bars' in Chinchali Town Panchayat, is warranted during the annual 'Mayakka Devi Temple Jatra/Fair' scheduled to be held on 01.02.2026 to 09.02.2026 and pass appropriate orders in accordance with law at the earliest.
Sd/-
JUSTICE K.S.HEMALEKHA
PJ/Ct:VH List No.: 38 Sl No.: 2
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