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K'Taka's plan to increase liquor licenses among SC/STs halted

  • Karnataka government in 2014 had amended the Excise Rules.
  • It had relaxed the conditions for securing liquor licences for establishments owned by SC/ST.
HC trashes govt appeal over relaxed liquor license norms for SC STs

A Division Bench of the High Court of Karnataka trashed an appeal filed by the State government for relaxing conditions to secure liquor licences in hotel or lodges owned by those of Schedule Castes and Scheduled Tribes.


Back in 2014, the Karnataka state government had amended its Excise Rules to help members of the SC and ST community, who may be running a hotel or lodge, easily secure a liquor licence. 


As per the existing regulations, lodges located within in the city limits should have a minimum of 30 beds to apply for a liquor license. The government had relaxed this regulation for SC/STs, via a notification dated June 9, 2014.
 

After hearing a case filed against it, a single judge had held that the amendment made to the excise rules was in conflict with existing rules and regulatory provisions enacted under the Karnataka Excise Act, 1965. Besides, this amended rule is also a violation of Article 14 of the Constitution.


The state's appeal was heard by a divisional bench, comprising of Justice Jayanth Patel and Justice Arvinda Kumar. The bench rejected the appeal. The divisional bench has allowed the licenses of those who have obtained it before the stay on the government notification by the single bench on March 11, 2016. However, the license cannot be renewed after the expiry of the date.


After a hearing on July 22, 2016, the single bench of the High Court, comprising Justice Vineet Kothari, had cancelled the notification, saying that the sale of liquor was a dangerous business and offering special privileges to SC/STs in such a business was not a right thing.

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