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Karnataka High Court
Smt Kempamma vs The State Of Karnataka on 18 March, 2026
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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RP No. 16 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
REVIEW PETITION NO.16 OF 2026
BETWEEN:
SMT. KEMPAMMA W/O. SINGRI GOWDA,
AGED ABOUT 80 YEARS, CL-9, LICENSEE,
SANKRANTHI BAR AND RESTAURANT,
K.M.DODDI - 571 422, MADDUR,
TALUK: MANDYA.
... PETITIONER
(BY SMT.SHILPA S. GOGI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
CHANDRASHEKAR
LAXMAN
KATTIMANI 2. THE EXCISE COMMISSIONER
Digitally signed by
CHANDRASHEKAR LAXMAN
IN KARNATAKA,
KATTIMANI
Location: High Court of
Karnataka, Dharwad Bench
2ND FLOOR, TTMC, A BLOCK,
Date: 2026.03.24 09:34:47
+0000
BMTC BUILDING, SHANTINAGAR,
BENGALURU - 560 027.
3. THE DEPUTY COMMISSIONER OF EXCISE,
MANDYA DISTRICT,
MANDYA 571 401.
4. THE INSPECTOR OF EXCISE,
MADDUR RANGE,
MADDUR - 571 428.
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RP No. 16 of 2026
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5. SMT. SHRUTHI B. D/O. LATE BETTAIAH,
W/O. NAVEEN KUMAR. R,
AGED ABOUT 27 YEARS,
R/AT AT K.M. DODDI,
C.A. KERE HOBLI, MADDUR TALUK,
NOW R/AT 3RD MAIN, 4TH CROSS,
NEAR GANAPATHI TEMPLE,
SANTHI NAGAR,
TUMKUR-572 102.
6. SMT. KALYANI D/O. LATE. BETTAIAH,
W/O. S. NANDEESH,
AGED ABOUT 25 YEARS,
R/AT: AT K.M. DODDI,
C.A. KERE HOBLI, MADDUR TALUK,
NOW R/AT C/O. CHITTUR REDDY,
NO. 22, ANNAIAH REDDY LAYOUT,
10TH MAIN ROAD, 100 FEET ROAD,
BASAVANAGUDI, BANGALORE 560 043.
7. THE DEPOT MANAGER,
KARNATAKA STATE BEVERAGES
CORPORATION LTD., INDAVALU,
MANDYA TALUK,
MANDYA DISTRICT - 571 401.
...RESPONDENTS
(BY SRI B.S. GURUSWAMY, AGA FOR R1 TO R4;
SRI B.N. SHETTY, ADV. FOR R5 & R6;
NOTICE TO R7 IS SERVED)
THIS REVIEW PETITION IS FILED UNDER SECTION 114 AND
ORDER 47 RULE 1 OF C.P.C. PRAYING TO CALL FOR RECORDS AND
REVIEW THE ORER DATED 08.09.2025 PASSED IN
W.P.NO.17321/2024 IN ANNEXURE - B AND RESTORE THE WRIT
PETITION NO.17621/2024 AND ETC.,
THIS REVIEW PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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RP No. 16 of 2026
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ORAL ORDER
Challenging order dated 08.09.2025 passed by this Court
in W.P.no.17621/2024, this review petition is filed.
2. Smt.Shilpa S. Gogi, learned counsel for petitioner
submitted that WP no.17621/2024 was filed seeking for follows
reliefs:
a. Issue a writ of certiorari or any other writ, order
or direction, quashing the Order dated
04.06.2024 in No.EXE/MDY/IML/145/2018-19 as
per Annexure-R passed by the Respondent No.3
and consequently;
b. Issue a writ of mandamus or any other writ,
order or direction, directing the respondent No.3
to permit the petitioner to apply for renewal of
the License in Form CL-9 as per Annexure-S in
No.ES2023070213 dated 06.07.2023 and
consequently renew the same for the Excise Year
2024-25.
c. Issue a writ of mandamus or any other writ,
order or direction, directing the Respondent No.7
to uninterruptedly supply the required Indian
made Liquor to the petitioner in the event of
renewal of the License in Form CL-9 by the
Respondent No.3 as sought for by the petitioner.
3. It was submitted, when matter was taken up for
consideration on 08.09.2025, learned counsel for petitioner was
indisposed and taking note of submission of learned counsel for
respondents that excise license had not been renewed since
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two years and no application for renewal was filed by petitioner
and pending nor order of renewal passed, writ petition was
dismissed as having become infructuous.
4. It was submitted, since petitioner was challenging
legality of order dated 04.06.2024, whereunder respondent
no.3 had directed to entry of name of Shruti B and KB Kalyani
along with petitioner in CL-9 license. It was submitted,
regardless of non-renewal of license, right to seek renewal
would subsist. Therefore, writ petition could not be treated as
having become infructuous and therefore, submits impugned
order calls for review.
5. Apart from above, learned counsel sought to rely on
representations filed by petitioner staking her claim for
renewal, produced along with memo, and reiterated, that
petitioner had not yet abandoned her right over CL-9 License.
6. On other hand, Sri BS Guruswamy, learned AGA for
respondents no.1 to 4 as well as Sri BN Shetty, learned counsel
for respondents no.5 and 6 would reiterate submission that due
to non-renewal/non-filing of application for renewal subject
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matter of writ petition was rendered academic and therefore
writ petition was rightly dismissed as infructuous
7. It was further submitted, entry of name of Shruti B
and KB Kalyani along with petitioner was in pursuance of
directions by this Court and petitioner being one of legal heirs
of license holder could not claim to be aggrieved by same.
Hence, there were no grounds for review.
8. Heard learned counsel and perused petition.
9. It is settled law that in a review petition, petitioner
would require to establish error apparent on face of record.
Only ground urged by petitioner is about disposal of writ
petition without adjudicating prayer (a).
10. But, it is seen under order impugned in writ
petition, respondent no.3 had ordered for entry of name of
respondents no.5 and 6 along with petitioner in CL-9 license
held earlier by petitioner's son. Shruti B and KB Kalyani being
children of CL-9 license holder. Though various contentions are
urged about right of petitioner vis-a-vis respondents no.5 and 6
in respect of said license, claim of licensees are considered live
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only when license is subsisting or atleast application for renewal
is filed and pending.
11. As per respondents, no application is filed for
renewal either by petitioner or by respondents no.5 and 6 and
license has since lapsed. Therefore, dismissal of writ petition as
infructuous would not admit of any error apparent on face of
record to entertain review petition.
12. Hence, review petition is dismissed.
Sd/-
(RAVI V HOSMANI)
JUDGE
GRD/ CT: ASC
List No.: 19 Sl No.: 2
