Hemant Chandangoudar, J
1. The petitioner, who was granted with CL-2 license, submitted an application with the respondent No.2 to relocate the license from Building No.1-195(2&3), Irodi Village, Brahmavara Taluk, Udupi District to a building bearing No.1-23/1(1) of Kageri, Koteshwara Village, Kundara Taluk. The respondent No.2 granted permission to relocate the license, against which, the respondent No.3 filed an appeal under Section 61(2) of the Karnataka Excise Act before the respondent No.1. The respondent No.1 set aside the order granting permission to relocate the license, and remanded the matter to the respondent No.2 to reconsider the application submitted by the petitioner afresh. Pending reconsideration of the application, the respondent No.2 passed an order directing the petitioner to close the wine shop, against which, the present petition is filed.
2. The learned counsel for the respondent No.3 submits that the order granting permission to relocate the license having been set aside, the respondent No.2 has rightly passed the order, and the same does not warrant any interference.
3. Considered the submissions made by the learned counsel for the parties.
4. Initially, the respondent No.2 passed an order on 14.12.2022 granting permission to the petitioner to relocate the license, and in pursuance of the same, the petitioner relocated the license, and was carrying on business of vending liquor under the CL-2 license. The order granting permission to relocate the license was set aside, and the matter was remanded to the respondent No.2 to reconsider the application submitted by the petitioner afresh. If the petitioner, who has already shifted the license, is restrained from carrying on the business of vending liquor, it would cause monetary loss and hardship, since the petitioner cannot operate the license in any of the premises unless an order is obtained from the competent Authority. Therefore, pending reconsideration of the application, the petitioner is entitled to carry on the business of vending liquor in the present premises subject to final outcome of the proceedings before the respondent No.2. Accordingly, I pass the following:
ORDER
i) The petition is allowed.
ii) The impugned order dated 25.3.2024 passed by the respondent No.2 at Annexure-A is hereby quashed.
iii) The petitioner is hereby permitted to operate CL-2 license in the subject premises subject to final outcome of the proceedings before the respondent No.2.
iv) The respondent No.2 to conclude the proceedings within ten weeks from the date of receipt of the certified copy of this order.
Hand delivery ordered.
