Writ petitions challenging rejection of vehicle permit renewal applications allowed. Impugned RTC Appellate Tribunal order quashed and matter remitted to RTC Authority for reconsideration with hearing.
Writs allowed, impugned order quashed, matter remitted to first respondent to reconsider permit renewal application with hearing.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF JULY, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION No.235 OF 2022 (MV) C/W WRIT PETITION No.8188 OF 2021 (MV)
IN WP.No.235/2022 BETWEEN :
A K RAMAPRAKASH S/O V.P KRISHNAMURTHY AGED ABOUT 53 YEARS KUVEMPU EXTENSION SATHYA ROAD CHAMARAJNAGAR - 570001
...PETITIONER
(BY SRI.B.R.SUNDARA RAJA GUPTA, ADVOCATE)
AND :
...RESPONDENTS
(BY SMT.NAMITHA MAHESH, AGA FOR R1; SRI.HAREESH BHANDARY.T., ADV FOR R2)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS OF THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL PASSED IN RP NO.15/1/2014 DATED 02.06.2015 MARKED UNDER ANNEXURE-B AND THE RESOLUTION OF THE R1 PASSED IN SUBJECT NO.5/2017.18 UNDER ITEM NO.54 DATED 25.10.2018 MARKED UNDER ANNEXURE-D BY ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION AND ETC.,
IN WP.No.8188/2021 BETWEEN :
SMT. SHRI SHIVASHAKTHI AGED ABOUT 48 YEARS W/O MUTHUKUMARAN NO.47, BUJARAPALYA CHAMARAJA NAGAR DIST
...PETITIONER
(BY SRI.B.R.SUNDARA RAJA GUPTA, ADVOCATE)
AND :
...RESPONDENTS
(BY SMT.NAMITHA MAHESH, AGA FOR R1; SRI.HAREESH BHANDARY.T., ADV FOR R2)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASED BY THE HONBLE TRIBUNAL IN RP NO.138/2014 DATED 15.02.2016 WHICH IS MARKED AS ANNEXURE C; QUASH THE ORDER PASSED BY R1 IN ITS MEETING HELD ON 25.10.2018 UNDER SL.NO.71, SUB SL.NO.22 SUBJECT NO.12/2012-13 AS PER ANNEXURE-E AND ETC.,
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
These writ petitions are filed challenging the order dated 02.06.2015 passed by the Karnataka State Transport Appellate Authority in RP.No150/2014 at Annexure-B and the resolution dated 25.10.2018 passed by the first respondent in subject No.5/201718 at Annexure-D whereby the application submitted by the petitioner for renewal of permit has been rejected.
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whereby this Court has remitted the matter to the first respondent-Authority to re-consider the renewal application by the petitioner therein in accordance with law, after providing an opportunity of hearing to the parties concerned. Hence, this petition also requires to be disposed of in light of the order dated 26.03.2019 passed in WP.Nos.6581-86/2019.
Accordingly, I pass the following:
ORDER
ii. The impugned order passed by the Karnataka State Transport Appellate Tribunal in RP.No.150/2014 dated 02.06.2015 is hereby quashed.
iii. The matter is remitted back to the first respondent to consider the application submitted by the petitioner for renewal of the permit in accordance with law, after providing an opportunity of hearing the parties concerned.
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iv . All contentions are kept open including counter signature by the authorized officer to operate in other regions in compliance of Section 88 of Motor Vehicle Act, 1988 and including the notifications dated 20.09.2017 and 07.03.2019 issued by the Government of Karnataka.
The above exercise shall be concluded within a period of two months from the date of receipt of certified copy of this order.
Sd/JUDGE
RKA
1 issue framed by the court
Whether writs filed challenging permit renewal rejection orders should be allowed in light of the coordinate bench order remitting the issue.
Colour shows how this judgement treated each authority
Co-ordinate Bench decisionRelied on¶34
WP.Nos.6581-86/2019
2 provisions across 2 enactments
A K Ramaprakash
Shri Shivashakthi
Regional Transport Authority Mysore West
Karnataka State Road Transport Corporation
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
