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2017 (6) TMI 1269 - KARNATAKA HIGH COURTPrinciples of natural justice - demand raised without an opportunity of being heard - Short lifting of liquor under Rule 14(2) of the Karnataka Excise (Sale of Indian & Foreign Liquor) Rules, 1968 - Held that:- Before deletion of Sub-rule (2) of Rule 14 of the Karnataka Excise (Sale of Indian & Foreign liquor) Rules, 1968, although the second proviso to the said Rule provided for an opportunity of hearing to the licencee, if he fails to lift the minimum quantity of liquor so fixed per month, which quantity was specified in the said rule itself, before the penalty at the rate of ₹ 100/- for every bulk litre on the quantity short lifted, is imposed and if there are two such monthly defaults, the licence itself was liable to be cancelled and the second proviso to Rule 14 provided that the licencing authority shall give a reasonable opportunity of being heard, before levying the penalty or cancelling the licence. From the facts in the present case, it is not seen anywhere that the petitioner had raised any objection or has given any explanation suitable or otherwise for such short lifting of the liquor from the respondent, Department or its authorized licencee/manufacturer. Even if the principles of natural justice were to be complied with as argued by the learned counsel for the petitioner, the same cannot yield anything in the facts of the present case - the petitioner has presented this Writ Petition with incomplete picture of the facts. This court is not inclined to entertain this petition on the short ground of alleged breach of principles of natural justice and on the contrary, this court is fully satisfied that the case does not merit any relief in the present case - petition dismissed.
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