Disposed

Sri S Ramesh v. the Regional Transport Authority

Karnataka HC29 Jan 2015WP/2915/2015

Case brief

AI extract

What is this about?

The court disposed of a writ petition filed by a saved operator seeking quashing of an appellate order and mandamus for a temporary permit. The court directed the Road Transport Authority to consider and issue a temporary permit pending the implementation of the modified Scheme.

What did the court decide?

Direction to the Road Transport Authority to consider and issue a temporary permit pending disposal of the modified Scheme implementation.

Sri S Ramesh Vs the Regional Transport Authority — Service and Employment | Karnataka HC (2015)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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Dated this the 29^th day of January, 2015

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Before

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THE HON’BLE MR JUSTICE HULUVADI G RAMESH

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Writ Petition 2915 / 2015 (MV)

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Between

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Sri S Ramesh S/o Seenappa 49 yrs, R/a Muniyappa Layout # 7/165, Near Lakshmi Talkies Bidaragere Road, Anekal Bengaluru District Petitioner

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(By Sri B R Sundara Raja Gupta, Adv.)

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And

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1 Regional Transport Authority

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Bengaluru Rural

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BDA Complex, Koramangala

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Bengaluru

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2 Karnataka State Road Transport Corpn. K H Road, Bengaluru 27

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By its Managing Director Respondents

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(By Sri T S Mahantesh, AGA for R1)

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Writ Petition is filed under Art.226/227 of the Constitution praying to quash the order of the Appellate Tribunal dated 2.8.2011 – annexure C in Revn. 104/2010, etc.

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The Petition coming on for preliminary hearing this day, Court made the following:

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ORDER

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Petitioner has sought quashing of the order of the Appellate Tribunal dated 2.8.2011 in Revision 104/2010 – annexure C and also the resolution passed in Subject No.48/2013-14 dated 14.10.2014 – annexure D and for a mandamus to dispose of the renewal application filed on 6.11.2003 under S.81 of the Motor Vehicles Act read with Rule 76 of the Rules in respect of permit No.9/2003-04.

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Petitioner is said to be a saved operator in respect of the permit granted to him. He made an application for renewal on 9.3.2007. The Appellate Tribunal set aside the order of renewal and directed to conduct route survey, also permitting the 2^nd respondent (petitioner herein) to operate the services under permit No.9/2003-04. Petitioner also filed one more application under S.81 r/w R 76 of the Rules for further renewal up to 15.12.2018. The grievance of the petitioner is, in stead of taking note of the modified Scheme published by the government, the consideration of the matter for renewal and for issuance of temporary permit as per S.87(1)(d) is deferred. However, the Apex Court had directed the government to reconsider the matter in respect of the modified Scheme and the Government has to take a decision afresh

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within three months. Till then temporary arrangement made by this Court permitting the petitioner to operate has to be maintained. On the ground that petitioner is a saved operator, till the modified Scheme is implemented temporary arrangement would be made to run the motor vehicle, for granting temporary permit, petitioner is before this Court.

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Heard the Government Advocate.

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It is for the Road Transport Authority to consider and issue temporary permit pending disposal of the modified Scheme to be implemented. Petition is disposed of accordingly.

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Sd/- Judge

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Sri S Ramesh v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Sri S Ramesh v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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