High Court Karnataka High Court

Sri M K Venkataswamy vs The Deputy Commissioner For … on 27 June, 2008

Karnataka High Court
Sri M K Venkataswamy vs The Deputy Commissioner For … on 27 June, 2008
Author: D.V.Shylendra Kumar
1 WPIO4-40.07

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ma rmlrnm an. wane:   

SR1. MK. VENKATASWAM? 

S/O KAALEGOWDA, "

AGED ABOU'I'6OYEARS, V .

CL-2 LICENSEE,   

BABBUR VILLAGE,~._  ' _

HIR1YUR'rALUx,i_ _ _    

cHITRADURA;31mIm':.*__       PE'I'i'I'IONER

 --------  _  C,  Adv.]

1. THE 'DEPUTY COMMISSIONER
FOR EXCISE. " ; - _ 
CHITRADURGA VI3Is'§'_RIc':1'.
(;HI'i'RADURCa_5.

 .2'; . V V"""1'1~§11'«:E'A":':~:s'iI*1'stC'I'<)r-2 E2'? EXCISE.

 ' ~ HIREYUR' 
__-HI'R1Y mg.   RESPONDENTS

_  Asha M. Kuznbargcximath, HCGP]
TIES Em Pmmou IS FILED UNDER ARTICLES 225 6; 227

  consrmmon OF INDIA PRAYM3 T0 QUASH THE
  DE.'-QANB NOTICE D1'. 20.5.2001? ISSUED BY THE INSPECTOR or?-
_ EXCISE-AHIRFYUR RANGE, HIRIYUR VIBE AHNEXURE « E AND E'l'C.,

F THIS PE'I'2'I'ION COMING ON FOR PRELIMINARY BEARING E'

V"  '  "'«.f3}§{§UP, mas BAY, THE comer MADE THE F'OLLOWING:-



2 \VP10-440.0'?

ORDER

This writ petition is by a person who

CL-«Q licence for the periods 1995-96

had paid licence fee on the

shop which was licenced to: sell ti1e”‘£iquo:”v: ~’

withm Babbur Gram Panchayej’; ‘ ‘

2. It is claimed that:_th’e”.elivt;i1orifies from the

earlier Taluk to

during the period
relevant for-. the’ Q0064)? onwards and
thereatte1j.has Iiwnoe fee on the basis of

?.busit1eseiVithih the town municipal area.

fl by the demand notice dated

_ .2’G.o,V6u2()0aJ”-I.’ cot Annexure-E] issued by the Inspector of

Range, apprising the petitioner that the

of the Town Municipal Council, Hiriyur had

4: the excise authorities that re-survey No. 18/ 1 IA

.V.-uwherein the petitioner’s shop is located is within the town

8 WP10440.07

No._18/11A of Madderahalli Village which is undisputedly
within the town municipal area of Hiriyur town.

10. In this confused state of affairs, it is
for this court to examine any merits in
particularly, in the absence of

forthcoming on the part of the .ifespo’::i(ients~ .. 2

11, The respondents, have any’ vvstatfiement of
objections nor have ‘factual position.

Virtually the attitiide only indicates

that ms rsspsfids:ifs”nooc every keen in assisting this

court in “:taerits of the petition. The conduct

V. of the-.:respondents,is__n1ost irresponsible to say the least.

Asha Kumbargerimath, learned

_ Govemmeiit Pleader seeks some more time to get

iiisttfuctions and make submissions, I do not find it is

as this court had put the resmndents on notice

it ” even on 5.7.2007 and it is nearly a year by now.

1{) WP1044().O7

respondents are mulcted with cost of Rs.5,000f§:’e.a.ch

which is to be deposited before this court _

weeks from today. The Registrar Generaigijj ~»

further iI1StI”L1C’tiOI1S, to remit ”
charitable organization.

17. Writ petition is dismissed? –

: :udae

A11/–