JUDGEMENT
VINEET KOTHARI,J. -
(1.) The present petition has been filed by the petitioner-Smt.K.Kaushalya with the following prayers:-
"(i) Issue a writ of mandamus directing the respondent No.3 and 4 to renew the license in Form CL-2 in favour of the petitioner for the excise year 2017-18.
(ii) Issue any other appropriate writ order or direction deemed fit to be granted under the facts and circumstances of the case to meet the ends of justice".
(2.) The learned counsel for the petitioner Mr.G.K.Bhat has submitted that the 3rd Respondent- Deputy Commissioner (Revenue), Bangalore Urban District, Bangalore, has not considered the application for renewal of the petitioner's CL-2 licence for the year 2017-18.
(3.) Though, no reasons as such has been communicated to the petitioner for such non- consideration of her case for renewal of the said Excise licence, the petitioner has expressed an apprehension that since during the inspection on the CL-2 Excise licence premises in question, in the name of the petitioner-Smt.K.Kaushalya, the photograph of another person namely, Smt.Vijayalakshmi was found on the said licence displayed there. Therefore, the Respondent- Excise Department considers it as though the licence of the petitioner-Smt.K.Kaushalya was de facto transferred without the due permission of the Respondent-Excise Department and a FIR No.0066/2017 was lodged in Halasurgate Sub-Division, S.J.Park Police Station, Bangalore, on 06.07.2017 for the offences punishable under Sections 419, 420, 465, 468, 471, 120-B r/w 34 of IPC and in the Crl.Misc.No.5700/2017, the three accused namely Mr.Chandrashekar (A1), Smt.Kaushalya (A2) & Smt.V.Jayalakshmi (A3), have been granted an anticipatory bail by the competent Court namely, LXII Addl.City Civil and Sessions Judge (CCH-63), Bengaluru.
He has further submitted that there is no specific Rule under the Excise Act requiring the affixation of the photograph on the licencee. ;
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