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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 3RD DAY OF DECEMBER, 2012

:PRESENT:

THE HON’BLE MR.JUSTICE N.K.PATIL

AND

THE HON’BLE MRS.JUSTICE B.S.INDRAKALA

Writ Petition Nos.42154-160 of 2012 (S-KAT) Between:

1. Abdul Kareem Aged About 54 Years, S/O Late Md. Moulana, Working As Inspector Of Excise Humnabad Range, Gulbarga-585103 And R/At No. 11-1041/11/40 Hussain Garden, Near Hussain Public School, MSK Mill, Gulbarga- 585103

2. S S Handral Aged About 51 Years, S/O Somappa Handral, Working As Inspector Of Excise, Bailthongal Range, Bailhongal Dist, Belgaum

3. R M Jayaram Aged About 53 Years, S/O Late Mariyappa, Working As Inspector Of Excise,

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Chikkanayakanahalli, Tumkur District & R/S Vidyanagar, 1st Cross, 1st Main, C.N. Halli, Tumkur District

4. Manjunatha Aged About 52 Years, S/O Thimmaiah, Working As Inspector Of Excise At The Office Of The Deputy Commissioner Of Excise,Shimoga R/At "Sankalpa" 3rd Cross, Sharavathinagar "B"Block, Shimoga- 577202

5. Venkateshmurthy Shirur Aged About 52 Years, S/O Madhwacharya, Working As Inspector Of Excise, Indirangar Range, Bangalore City & R/At No. 69, 18th Cross,20th Mian, M.C. Layout, Vijayanagar, Bangalore- 560 040

6. M Nagaraj Aged About 49 Years, S/O Late Mallappa, Working As Inspector Of Excise Davanagere Range No.1 & R/At Vikrama, No. 36, 9th Main, Mcc Block, Davanagere

7. Sathyanarayana Trivedi Aged About 46 Years, S/O Hanumanthappa, Working As Inspector Of Excise Range-I, Gulbarga And R/At No. 132/A, Gabari Lay-Out,

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Lukeman Pharmacy College Road, Gulbarga- 585102

...Petitioners (By Sri. P.S.Rajagopal, Senior Counsel for Sri. M.N.Prasanna and Sri. K.Puttegowda) And :

1. State Of Karnataka By Its Secretary To Government Department Of Finance And Excise Vidhana Soudha, Bangalore- 560 001

2. Commissioner Of Excise Vokkaligara Bhavan, Hudson Circle, Bangalore- 560 001

3. D Akash Deep Major, Father’s Name Not Known to the Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, RPC Lay-Out Range, BDA Complex, Vijayanagar, Bangalore-40

4. A Anil Kumar Major, Father’s Name Not Known to the Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Padmanabhanagar Range, BDA Complex, Banashankari, Bangalore

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5. G Chandrashekara Major, Father’s Name Not Known to the Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Anekal Range, Anekal, Bangalore Urban District

6. K V Dinakar Major, Father’s Name Not Known to the Petitioners, Working As Excise Inspector, O/O The Joint Commissioner Of Excise, State Excise Intelligence Bureau, New Public Office Building,2nd Floor, K.R. Circle, Bangalore- 560 001

7. Ms. C G Kantha Kumari Major, Father’s Name Not Known to the Petitioners, Working As Excise Inspector, O/O The Joint Commissioner Of Excise, State Excise Intelligence Bureau, New Public Office Building,2nd Floor, K.R. Circle, Bangalore- 560 001

8. Ms. B L Kavitha Major, Father’s Name Not Known to the Petitioners, Working As Excise Inspector, O/O The Superintendent Of Excise, M/S Shashi Distilleries(P) Ltd., 9th Mile Stone, Bannerghatta Road, Bangalore- 560 076

9. T C Krishnamurthinaik Major, Father;s Name Not Known to the Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise,

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Mahalaxmi Lay-Out Range, No.169, 2nd Stage,West Of Chord Road,Opp: Nandini Theatre, Mahalaxmipuram, Bangalore-86

10. P Lakshminaryan Major, Father’s Name Not Known to the Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Kalasipalya Range,J.C. Road, Bangalore

11. Ms K Latha Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Superintendent Of Excise, M/S J P Distilleries Limited, Makali Village,Bangalore Urban District

12. G S Madhusudan Reddy Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Inspector Of Excise, Koramangala Range, 3rd Floor Excise D.C Office, Bangalore Urban District, Poornima Theatre Complex, J C Road, Bangalore

13. M Mahadev Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Excise Inspector, Subhashnagar Range, 6th Cross, Anandrao Layo-Out,Gandhinagar, Bangalore- 560 009

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14. K Mohana Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Inspector Excise, Banashankari Range, BDA Complex,Banashankari Bangalore

15. C J Nagaraja Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Inspector Excise, Nandini Layout Range, No. 159, 2nd Stage, West Of Chord Road, Opp: Nandini Theatre, Mahalaxmipuram, Bangalore- 86

16. M Paramesh Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Superintendent Of Excise Yeshwanthpur, No. 159, 2nd Stage, West Of Chord Road,Opp: Nandini Theatre, Mahalaxmipuram, Bangalore- 86

17. Ms M S Poornima Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Superintendent Of Excise M/S John Distilleries Limited, Mysore Road, Bangalore

18. Ms B R Premalatha Major Father’s Name Not Known to the Petitioners

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Working As Excise Inspector, O/O The Superintendent Of Excise M/S Orian Distilleries Limited, No.1, Industrial Suburb, Yeshwanthpuram, Bangalore.

19. S Ravikumar Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Inspector Of Excise, Gokul Road, No. 1876, 3rd "A" Main, 7th Cross, Judicial Lay-Out, Allalsandra, Bangalore- 560 065.

20. Shekappa M Shiggaon Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Inspector Of Excise, Vijayanagar Range, BDA Complex, Vijayanagar, Bangalore- 560 040

21. Ms K Shobha Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Inspector Of Excise, Gandhinagar Range, 6th Cross, Anandrao Lay-Out, Gandhinagar, Bangalore- 560 009.

22. Ms M R Shobha Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Superintendent Of Excise, M/S Khoday Breweries Limited,

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Konanakunte Cross, Kanakapura Main Road, Bangalore.

23. Ms Smitha Konded Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Inspector Of Excise, Subramanyanagar Range, 1st Main, 7th Cross, Gayathrinagar, Bangalore- 560 021.

24. J Subhashchandra Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Inspector Of Excise, Adugodi Range, 3rd Floor, Excise D.C Office, Bangalore Urban District,Poornima Theatre Complex, J C Road, Bangalore.

25. Sumana V Patel Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Inspector Of Excise, Jayanagar Range, 2nd Floor, Excise D.C. Office, Bangalore Urban District, Poornima Theatre Complex,J.C. Road, Bangalore.

26. M B Sunil Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Superintendent Of Excise, M/S Khoday Breweries Limited,

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Kanakunte Cross, Kanakapura Main Road, Bangalore.

27. P S Suresh Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Deputy Superintendent Of Excise, Anekal Sub-Division, Anekal, Bangalore Urban District

28. R Suresha Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Inspector Of Excise Frazer Town Range, BDA Complex, Indiranagar, Bangalore

29. D N Thippeswamy Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Inspector Of Excise Peenya Range, No. 159, 2nd Stage, West Of Chord Road, Opp: Nandini Theatre, Mahalaxmipuram, Bangalore- 560 086

30. Ms B Vasanthi Major Father’s Name Not Known to the Petitioners Working As Excise Inspector, O/O The Inspector Of Excise Rajajinagar Range, No. 159, 2nd Stage, West Of Chord Road, Opp: Nandini Theatre, Mahalaxmipuram, Bangalore-86

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31. N Venugopal Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Inspector Of Excise City Market Range, 3rd Floor, Excise D.C. Office, Bangalore Urban District, Poornima Theatre Complex, J.C Road, Bangalore

32. G V Vijayakumar Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Joint Commissioner Of Excise, State Excise Intelligence Bureau,New Public Office Buidling, 2nd Floor, K.R. Circle, Bangalore- 560 001

33. H S Jagadish Chandra Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Deputy Superintendent Of Excise, Hoskote Sub-Division, Hoskote, Bangalore Rural District

34. Ms B V Mamatha Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Superintendent Of Excise, KBD Distilleries (P)Ltd., 20th Mile, Nelamangala, Bangalore Rural District

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35. Shivabhavikatti Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Deputy Commissioner Of Excise, Bangalore Rural District, Visveswaraiah Podium Block, Opp: Coffee Board, Bangalore-01

36. Suresh Kumar Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Inspector Of Excise, KSBEL Depot, Devanahalli, Bangalore Rural District

37. Anilkumar Nandeshwar Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Inspector Of Excise, Jamkhandi Range, Jamakhandi, Bagalkote District

38. Sanhoshkumar L Thippan Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Deputy Commissioner Of State Excise, Bagalkote District, Bagalkot

39. Shrishah Hiremath Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Deputy Superintendent Of Excise, Bagalkote Sub-Division, Bagalkote

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40. Bahubali Hulloli Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Deputy Superintendent Of Excise,Chikkodi Sub-Division, Chikkodi, Belgaum District

41. Channagowda Patil Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Deputy Superintendent Of Excise,Belgaum Sub-Division Belgaum, Belgaum District

42. Deepali Maruthi Hebbali Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Deputy Commissioner Of State Excise, Belgaum District, Old P.B.Road, Belgaum

43. Doddappa Major Father’s Name Not Known To The Petitioners Working As Excise Inspector, O/O The Inspector Of Excise, Parasgad Range, Belgaum Belgaum District

44. N K Jagadish Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Superintendent Of Excise, M/S Renuka Sugars Limited, Munnoli, Savadathi Taluk, Belgaum District

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45. Lagamanna Salagare Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Athani Range, Athani, Belagum District

46. Mudennavar Gangadhar Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Gokak Range,Gokak Belagum District

47. Shreeshail Awaji Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Deputy Superintendent Of Excise, Ramdurga Sub-Division, Ramdurga, Belgaum District

48. Vijayakumar J Hiremath Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Chikkodi Range, Chikkodi, Belgaum District

49. Vijayakumar J Hiremath Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Chikkodi Range, Chikkodi, Belgaum District

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50. Vinod Dhange Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Hukkeri Range, Hukkeri Belgaum District

51. Anand Ukkali Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Deputy Commissioner, Of State Excise,Bellary District, Bellary

52. Basavaraj N Gaddi Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Hospet Range, No.1,Hospet, Bellary District

53. H Devaraja Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Sandur Range, Sandur, Bellary

54. Monappa Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise,

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Hadagali Range, Hadagali, Bellary District

55. Veeresh Chikaraddy Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Bellary Range No.1,Bellary, Bellary District

56. Vishwanath Ganiger Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O Deputy Superintendent Of Excise, Hospet Sub-Division Hospet, Bellary District

57. Anil Kumar Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O Deputy Commissioner Of Excise, Bidar District Bidar

58. Guthedar Hanmant Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O Deputy Superintendent Of Excise, Bidar Sub-Division Bidar, Bidar District

59. Md Ismail Inamdar Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector,

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O/O The Inspector Of Excise, Bhalki Range, Bhalki Bidar District

60. Hanamanthray Vajramati Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Hampi Heritage Weary, Bijapur, Bijapur District

61. Jagadeesh Inamadar Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, KSBEL Depot, Bijapur, Bijapur District

62. Ravindra Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Sindagi Range, Sindagi Bijapur District

63. Shankargowda Patil Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Indi Range, Indi, Bijapur District

64. Y S Vishwanath Major,Father’s Name Not Known To The Petitioners,

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Working As Excise Inspector, O/O The Inspector Of Excise, Bijapur Range, Bijapur, Bijapur District

65. J N Nataraju Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Deputy Commissioner Of State Excise, Chamarajnagar, Chamarajnagar District

66. Govindaraju Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Deputy Commissioner Of State Excise, Chikmagalur District, Chikmagalur

67. Nowshad Ahmed Khan Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Kadur Range, Kadur, Chikmagalur District

68. M C Pradeep Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Koppa Range, Koppa Chikamagalur District

69. Ms B Sujatha Major,Father’s Name Not

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Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Tarikere Range, Tarikere Chikmagalur District

70. V Chandrappa Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Chintamani Range, Chintamani , Kolar District

71. M Nataraj Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Deputy Superintendent Of Excise, Chinthamani Sub-Division, Chinthamani, Kolar District

72. G Ramakrishnappa Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, KSBCL Depot, Chinthamani Kolar District

73. N Ramesh Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Chikkaballapur Ranage, Chikkaballapur,Kolar District

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74. S R Vishwanatha Babu Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, KSBCL Depot, Shiddlagatta Kolar District

75. Basappa Pujar Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Challakere Range, Challakere Chitradurga District

76. Ms N R Jayapradha Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Chitradurga Range, Chitradurga Chitradurga District

77. J R Vishwanatha Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Deputy Commissioner Of State Excise, Chitradurga District, Chitradurga

78. H Ashoka Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Belthangadi Range, Belthangadi, D.K. District, Mangalore

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79. Rajesh Nayak Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Sulya Range, Sulya, D.K. District, Mangalore

80. H J Ashoka Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O Deputy Superintendent Of Excise, Davanagere Sub-Division Davanagere District

81. Basavaraj Davanakatti Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O Deputy Superintendent Of Excise, Harihara Sub-Division Harihara, Davanagere District

82. Ms K Latha Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O Isnpector Of Excise, Harapanahalli Range, Harapanahalli, Davanagere District

83. S R Murudesha Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O Inspector Of Excise, Honnali Range, Honnali, Davanagere District

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84. K L Nagaraju Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O Inspector Of Excise, Harihara Range , Harihara, Davanagere District

85. B Umashankar Major,Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Deputy Commissioner Of State Excise,Davanagere District, Davanagere

86. Beemanna Major Father’s Name Not Known To The Petitioner Working As Excise Inspector, O/O The Inspector Of Exciuse, Kundgol Range Kundgol Dharwad District

87. Prakash Major Father’s Name Not Known To The Petitioner Working As Excise Inspector, O/O The Inspector Of Exciuse, Navalgund Range, Navalgund Dharwad District

88. Premsing Sitappa Lamani Major Father’s Name Not Known To The Petitioner Working As Excise Inspector, O/O The Deputy Superintendent Of Excise, Hubli Sub Division Hubli Dharwad District

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89. Atmalingayya Mathapati Major Father’s Name Not Known To The Petitioner Working As Excise Inspector, O/O The Inspector Of Excise Rona Range Rona Gadag District

90. Mallikarjuna Reddy Major Father’s Name Not Known To The Petitioner Working As Excise Inspector, O/O The Inspector Of Excise Gadag Range Gadag

91. Ravi Nagaral Major Father’s Name Not Known To The Petitioner Working As Excise Inspector, O/O The Inspector Of Excise Shirahalli Range Shirahatti Gadag District

92. Abubakar Mujawar Major Father’s Name Not Known To The Petitioner Working As Excise Inspector, O/O The Deputy Commissioner Of State Excise, Gulbarga District, Gulbarga

93. Gurusiddappagowd S Patil Major Father’s Name Not Known To The Petitioner Working As Excise Inspector, O/O The Inspector Of Excise Chittapur Range, Chittapur Gulbarga

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94. Mohiddin Major Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Aland Range, Aland Gulbarga District

95. Sathish Shivshankar Kagal Major Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise, Jewargi Range Jewargi Gulbarga District

96. Ms. A.C. Latha Major Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Superintendent Of Excise Bannimantapa Mysore Mysore District

97. H Manjegowda Major Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise Hassan Range No 1 Hassan District

98. Ms H C Rashmi Major Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Inspector Of Excise Belur Range Belur Hassan District

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99. K.G. Santosh Major Father’s Name Not Known To The Petitioners, Working As Excise Inspector, O/O The Deputy Superintendent Of Excise, Hassan Sub Division Hassan,. Hassan District

100. Ms. R N Vanajakshi Major Father’s Name Not Known To The Petitioners, Working As Excise Inspector O/O The Inspector Of Excise, KSBCL Depot Hassan Hassan District

101. Basavaraj Karamannana Major Father’s Name Not Known To The Petitioners, Working As Excise Inspector O/O The Deputy Superintendent Of Excise Ranebennur Sub Division Ranebennur Haveri District

102. S Deepak Major Father’s Name Not Known To The Petitioners, Working As Excise Inspector O/O The Inspector Of Excise Savanur Range Savanur Haveri District

103. Honnappa Olekar Major Father’s Name Not Known To The Petitioiner, Working As Excise Inspector O/O The Deputy Superintendent Of Excise, Haveri Sub Division Haveri Haveri District

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104. N.H.Parameshwarappa Major Father’s Name Not Known To The Petitioiner, Working As Excise Inspector O/O The Inspector Of Excise Ranebennur Range, Ranebennur Haveri District

105. Ravi Marigouda Marigoud Major Father’s Name Not Known To The Petitioiner, Working As Excise Inspector O/O The Inspector Of Excise Shiggaon Range Shiggoan Haveri District

106. Tukaram Naik Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Byadagi Range Byadagi Haveri District

107. N T Ananda Kumar Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Somvarpet Range, Somvarpet, Kodagu District

108. Ms. M.R. Chithra Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Ksbcl Kushalnagar, Kodagu District

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109. K K Hidayathulla Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Ksbcl Kushalnagar, Kodagu District

110. C Lakshmisha Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Virajpet Range Kodagu District

111. Amanulla Khan Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Mulbagilu Range, Mulbagilu Kolar District

112. H Jithendra Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Superintendent Of Excise, Kolar Sub Division Kolar Kolar District

113. M Nataraju Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Commissioner Of Excise, Kolar District Kolar

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114. V Raghunatha Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Bangarpet Range, Bangarpet, Kolar District

115. Manjunath V Malipatil Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Commissioner Of State Excise, Koppal Range, Koppal

116. Ramanagouda Mudigouda Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Kustagi Range, Kustagi Koppal District

117. M U Sangamesh Mariyappa Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Superintendent Of Excise Koppal Sub Division Koppal Koppal District

118. Yamananoorsab Hosaman Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Koppal Range Koppal Koppal District

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119. P Ramesh Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, K R Pet Range K R Pet, Mandya District

120. A Rupesh Kumar Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Maddur Range, Maddur Mandya District

121. H S Shivappa Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Nagamangala Range Nagamana Mandya District

122. Ms. U.V. Geetha Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Superintendent Of Excise, M/S. Chamundi Distellary (P) Ltd., Maliyur T Narasipura Taluk Mysore District

123. A V Gireesha Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Periyapatna Range, Periyapatna Mysore District

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124. K S Mahesh Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Mysore Range, No 2 Mysore Mysore District

125. Meena Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Ksbel Depot Hunsur Mysore District

126. M D Mohan Kumar Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, K R Nagar Range, K R Nagar, Mysore District

127. Ms. P Prema Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O Superintendent Of Excise M/S. Gemini Distilleries Nanjangud Mysore District

128. H K Ramesh Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Mysore Range No 3 Mysore Mysore District

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129. K Srinivas Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Superintendent Of Excise, Hunsur Sub Division Mysore District

130. K M Thamanna Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Kollegal Range Kollegal Chamarajnagar District

131. L B Vikram Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Commissioner Of State Excise, Mysore District

132. G Vivek Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Nanjangud Range Nanjangud Mysore District

133. P Nagaraj Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Sindanur Range, Sindanur Raichur District

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134. Nimbanna Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Manvi Range Manvi Raichur District

135. S Dharani Kumar Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Superintendent Of Excise, Shimoga Sub Division Shimoga District

136. B L Ravi Shankar Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Hosanagar Range, Hosabnagar Shimoga District

137. M C Shankara Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Sagara Range Sagar Shimoga District

138. Ms Srimathi Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Shimoga Range No 2 Shimoga

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139. Syed Tafjeel Ulla Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Shikaripura Range, Shikaripura Shimoga District

140. Basavaraj Ingalagavi Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Superintendent Of Excise, M/S. Netrawathi Distillery Kunigal Tumkur District

141. M L Harisha Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Pavagada Range, Pavagada Tumkur District

142. Ms N Jyothi Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Sira Range Sira Tumkur District

143. Cc K Mahendra Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Superintendent Of Excise Tumkur Sub Division Tumkur

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144. A P Narasimha Murthy Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O Inspector Of Excise Koratagere Range Koratagere Tumkur District

145. K C Siddalingaswamy Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O Inspector Of Excise Tumkur Range Tumkur Tumkur District

146. Sudha S Karegowdar Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O Inspector Of Excise KSBCL Depot Sira Tumkur District

147. K T Vijayakumara Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O Inspector Of Excise Turuvekre Range Turuvekere Tumkur District

148. H G Virupaksha Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Superintendent Of Excise, Madhugiri Sub Divisoin Mahdugiri Tumkur District

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149. K T Dharmappa Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Udupi Range No 1 Udupi Udupi District

150. D Gurumurthy Palekar Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Superintendent Of Excise Udupi Sub Division Udupi District

151. Ms N Jyothi Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Superintendent Of Excise, M/S. Sarvada Distillery Limited Udupi Udupi District

152. Ms K Shobha Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Superintendent Of Excise, Kundapur Sub Division Kundapur Udupi District

153. Vinod Kumar Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise, Karkala Range, Karkala Udupi District

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154. Manjunath V Areguli Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Commissioner Of State Excise, Uttara Kannada District, Karwar

155. Naveen Gaonkar Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Ankola Range Ankola U.K District, Karwar

156. Ms Bharati Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Surapur Range Surpur Yadgir District

157. Prabhugowda M Patil Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Shahapur Range Shahapur Yadgir District

158. Shantesha M Kamathara Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Deputy Commissioner Of State Excise, Yadgir District, Yadgir

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159. Vittal Rao M Wali Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Inspector Of Excise Yadgir Range Yadgir District

160. Sanjeevreddy B Balulad Major Father’s Name Not Known To The Petitioner, Working As Excise Inspector O/O The Superintendent Of Excise, Karnataka Breweries And Distilleries Pvt Ltd., Nulvi Cross, Hubli, Dharwad.

... Respondents (By Smt. Revathy Adinath Narge, HCGP, for R1 & R2; Sri. R.Nagendra Naik, Advocate for R10, R81 & R114; Sri. S.V.Narasimhan, Advocate for R26, R72, R77 & R112; Sri. M.S.Bhagwat, Advocate for R32, R80, R84, R99 & R115; Sri. R.Rajanna, Advocate for R52, R13, R29 & R153; R3, R4-R7, R9, R11, R12, R14-R19, R21-R25, R27, R28, R30, R31, R33, R34, R46, R49, R51, R55, R56, R63, R66-68; R70, R74, R76, R97, R98, R105 served; R110, R111, R113, R120, R127, R128, R132, R142- R148, R151, R152, R155 -served; Awaiting Notice to R18, R20, R36-45, R47, R48, R50, R53, R54, R57-62, R64, R65, R69, R71, R73, R75, R78, R79, R82, R83, R85-R96, R100-R104, R106-R109, R116-R119, R121-R126, R129-R131, R133-R141, R149, R150, R154, R156-R160 is dispensed with v/o. dated 03/12/2012)

These W.Ps. are filed under Articles 226 and 227 of the Constitution of India, praying to quash the Order dated 03/09/2012 passed by the Karnataka Administrative Tribunal, Bangalore in application Nos.5316 to 5322/12, (under Annexure-A to the WP) by issue of a Writ in the nature of Certiorari and direct the official respondents not to effect any promotion to the cadre of Deputy Superintendent

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of Excise by operation of the seniority list published by the R2 vide official memorandum dated 04/07/2012 during the pendency of the application Nos.5316 to 5322/2012 before the Tribunal and grant such other consequential reliefs.

These W.Ps. coming on for Orders, this day,

N.K.PATIL J., made the following:

:O R D E R:

These seven petitioners in these petitions have sought

for quashing of the Order dated 03/09/2012 passed by the

Karnataka Administrative Tribunal, Bangalore in application

Nos.5316 to 5322/12, (under Annexure-A to the WP) by

issuing a Writ in the nature of Certiorari and also sought to

direct the official respondents not to effect any promotion to

the cadre of Deputy Superintendent of Excise by operation of

the seniority list published by the 2nd respondent vide

Official Memorandum dated 04/07/2012 during the

pendency of the applications before the Tribunal and grant

such other consequential reliefs.

2. These petitioners questioning the correctness of

the Official Memorandum dated 4.7.2012 issued by

the 2nd respondent have filed their applications before

the Tribunal in Nos.5316-5322/2012, in so far as it

38

pertains to the rankings assigned to the private

respondents over and above the applicants and to grant

all consequential benefits that would flow from such

correction being made by the respondents. The said

matters had come up for consideration before the

Tribunal. The Tribunal, after hearing, has admitted the

applications for hearing, ordered notice to the

respondents and as regards interim order, has directed

that, any promotions to the post of Deputy

Superintendent of Excise on the basis of the impugned

seniority list shall be subject to the decision of those

applications. Being aggrieved by the same, the

petitioners have presented these petitions.

3. We have heard learned counsel appearing for

the parties.

4. When these maters had come up for

preliminary hearing before this Court on 19.10.2012,

learned Government Pleader appearing for R- 1 and 2

on instructions from the officers submitted that, the

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respondent Nos. 1 and 2 will not give effect to the

official memorandum dated 4.7.2012 for a period of two

weeks. The said interim order has been continued from

time to time till today. As rightly pointed out by the

learned counsel for the petitioners during the course of

his submission, the words used at ink page No. 334 at

item No.7, cannot be accepted. The competent authority

has to decide the matter in accordance with law. These

petitioners have been waiting for promotions since

2009. The Tribunal ought to have taken these factors

into consideration and ought to have restrained the

respondents from proceeding with the matter till the

disposal of those applications. Taking into consideration

the grounds urged in these petitions and in the light of

the submissions made by learned counsel for the

parties, without expressing any opinion on merits and

demerits of these cases, these petitions are disposed of,

with a direction to the respondent Nos. 1 and 2 not to

give any promotion to 7 posts of Deputy Superintendent

40

of Excise so far as it relates to these petitioners on the

basis of the impugned seniority list for a period of eight

weeks. Further, to safeguard the interest of the

petitioners as well as the respondents, we direct the

Tribunal to dispose of the matters on merits, as

expeditiously as possible, at any rate, within a period of

eight weeks.

With the above observations, these writ petitions

stand disposed of.

In view of the disposal of the main matters, the

prayers sought by the petitioners in I. A.Nos.II and III of

2012 do not survive for consideration. Hence, they are

disposed of as having become infructuous.

Ordered accordingly.

SD/- JUDGE

SD/- JUDGE

tsn*