A Division Bench of the High Court of Karnataka on Friday dismissed an appeal filed by the State government challenging a verdict of the single judge who had set aside the rule that relaxed conditions for securing licence to serve liquor in hotel or lodges owned by persons from Schedule Castes and Scheduled Tribes.
A Division Bench comprising Justice Jayant M. Patel and Justice Aravind Kumar agreed with the findings of the single judge’s July 2016 verdict.
The Division Bench, however, clarified that their verdict is prospective and persons hailing from SC/ST communities, who have already secured benefit of relaxed conditions and had started business prior to the norm being stayed by the court, could continue to avail themselves of the benefit till the expiry of licence.
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Struck down
The single judge had held that the amendment made to the rule was in conflict with the existing rules and regulatory provisions enacted under Karnataka Excise Act, 1965, while striking down the same as being violative of Article 14 of the Constitution.