In this writ petition filed under Articles 226 and 227, the High Court of Karnataka dismissed the petition without exercising jurisdiction, noting that the impugned order had already been challenged in a subsequent revision petition before the Tribunal.
Petition dismissed; liberty granted to agitate rights in WP No. 3923/2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF JULY, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION No.40095 OF 2019 (MV)
BETWEEN :
SMT. BHARATHI V., W/O LATE V.RAMAKRISHNA, AGED ABOUT 48 YEARS, BUS OWNER, R/AT SREE LAKSHMI VENKATESHWARA NILAYA, 4TH CROSS, I MAIN ROAD, SHARAVATHI NAGAR, SHIMOGA – 577 501.
...PETITIONER
(BY SRI.AMSHITH HEGDE H.S., ADVOCATE)
AND :
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TANK BUND ROAD, SHIMOGA – 577 201.
...RESPONDENTS (BY SMT.JYOTHI BHAT, HCGP FOR R1 AND R2; SRI.PUTHIGE R RAMESH, SENIOR COUNSEL FOR SRI.MOHAMED SUBHANULLA SHARIEF C., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE TRIBUNAL IN APPEAL NO.202/2013 DTD. 28.01.2013 IN DIRECTING THE R-2 IN RELEASING THE EXISTING VEHICLE FROM THE PERMIT AND GRANTING 90 DAYS TIME FROM THE DAY THE VEHICLE RELEASED FROM THE PERMIT VIDE ANNX-H AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed challenging the order dated 28.01.2013 passed by the Karnataka State Transport Appellate Tribunal, Bengaluru.
third respondent herein filed an application for
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renewal and transfer of permit in his favour and said application was accepted, against which the petitioner herein filed Revision petitions before the Tribunal in Revision petition Nos.15/2019 and 65/2019.
Hence, in view of the same, the present petition does not survive for consideration and accordingly petition is dismissed . Liberty is given to the petitioner herein to agitate all the rights that are available in law in WP.No.3923/2022.
Sd/JUDGE
RKA
3 issues framed by the court
Whether the present writ petition survives for consideration given that the impugned order was challenged in a subsequent revision before the Tribunal.
Whether the Tribunal proceeded to quash the order passed by the R Transport Authority.
Whether the petitioner is given liberty to agitate rights in the pending revision petition.
1 provisions across 1 enactments
Smt. Bharathi V.
The Regional Transport Authority, Shimoga
Sri. E. Amarnath S/o Late Eshwarappa
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
