Writ petition challenging delay in considering renewal of a stage carriage permit. Court disposed of petition directing respondent to examine if permit is 'saved' within eight weeks.
First respondent to consider saved permit status and decide within eight weeks; petitioner at liberty to file more documents.
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NC: 2023:KHC:41341 WP No. 25126 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25126 OF 2023 (MV)
BETWEEN:
SRI SOMASHEKAR REDDY S/O LATE K R RAJAKRISHNA REDDY, AGED ABOUT 50 YEARS, R/AT LAVAKUSHA NAGAR, HOSUR ROAD, BANGALORE 560100
…PETITIONER
(BY SRI. A S PARASARA KUMAR.,ADVOCATE)
AND:
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
RAMANAGARA DISTRICT 562159 REPTD BY ITS CHAIRMAN
RAMANAGARA DISTRICT 562159
…RESPONDENTS
(BY SRI. KIRAN KUMAR, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CONSIDER THE REPRESENTATION DTD 29.8.2023 RECEIVED THROUGH INWARD NO.8098 WITHIN 30 DAYS FROM THE DATE OF RECEIPT OF THE ORDER OF THIS HONBLE COURT VIDE ANNEXUREP.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner seeks direction to the first respondent to consider the representation dated 29.08.2023 [ Annexure-P ], and in support of this prayer Sri. A. S. Parasara Kumar, the learned counsel for the petitioner, submits that he proposes to rely upon the orders of this Court in W.P.No.2154/2023 [MV], which is disposed of on 17.08.2023, because of the similarities in the circumstances of both the cases. Sri. Kiran Kumar, the learned High Court Government Pleader, is heard on these circumstances for final disposal.
NC: 2023:KHC:41341 WP No. 25126 of 2023
No.06/05-06 and this permit was valid up to 03.10.2010 and subsequently, there has been a renewal with the permit being valid up to 03.10.2015 but the applications for the subsequent renewal are pending consideration since the month of September 2015.
from the date of receipt of a certified copy of this
NC: 2023:KHC:41341 WP No. 25126 of 2023
order, and the petitioner may also be permitted to furnish further documents in support of the application.
that for a decision on whether there must be a renewal of the petitioner’s permit, there must be first a decision on whether the petitioner’s permit could be construed in law as a “ saved permit” in the light of the provisions of Notification dated 07.03.2019 and that this examination remains at large for over a period of two years now. Hence, the petition must be disposed of calling upon the first respondent to consider the petitioner’s representation within a timeline observing that the question whether the petitioner’s permit would be “ saved”, will have to be considered by the first respondent strictly in accordance with law. As such, the following:
NC: 2023:KHC:41341 WP No. 25126 of 2023
ORDER
a) The petition stands disposed of calling
upon the first respondent – the Regional Transport Authority - to decide whether the petitioner’s permit is “ saved” and take further decision as would be necessary and this consideration shall be completed within a period of eight [8] weeks from the date of receipt of a certified copy of this order.
RB
Sd/JUDGE
1 issue framed by the court
Whether the petitioner's stage carriage permit qualifies as a 'saved permit' under Notification dated 07.03.2019.
Sri Somashekar Reddy S/o Late K R Rajakrishna Reddy
The Regional Transport Authority Bangalore Mysore Main Road
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
