High Court of Karnataka dismissed a writ petition seeking quashing of an endorsement and transferring a vehicle RC, holding the plea premature as the authority had not rejected the transfer application.
Petition disposed of as premature; no writ granted.
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.
WP No. 60 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 60 OF 2023 (MV)
BETWEEN:
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
SRI. K. C. MALLIKARJUNA S/O LATE CHIKKARANGEGOWDA AGED ABOUT 62 YEARS R/AT NO. 623/1 'CHIKKARANGEGOWDA NILAYA' 4TH 'A' CROSS, M.V. LAYOUT HOSKOTE TOWN - 562 114 BENGALURU RURAL DISTRICT.
(BY SRI. NARASIMHARAJU, ADVOCATE)
…PETITIONER
AND:
WP No. 60 of 2023
YESHWANTHPUR BENGALURU (NORTH) - 560 022.
…RESPONDENTS
(BY SRI. G.M. CHANDRASHEKAR, AGA FOR R1 AND R2; V/O DATED:18.01.2023 NOTICE TO R3 IS D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DATED:20.03.2019 BEARING NO.AA.HI.PRA.SA.A.BEN(N)18-19 ISSUED BY THE R2 AS PER ANNEXURE-A. DIRECTING THE R2 TO TRANSFER RC (REGISTRATION CERTIFICATE) OF THE VEHICLE BEARING NO.KA 21 MF 1111 VOLVO XC 90 D5 IN THE NAME OF THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 60 of 2023
ORDER
1. The petitioner is before this Court seeking for the following reliefs;
"a) Issue Writ of Certiorari by Quashing the endorsement dated:20.03.2019 bearing No.AA.HI.PRA.SA.A.BEN(N)18-19 issued by the Respondent No.2 as per ANNEXURE-A.
b) Consequently writ of Mandamus directing the 2nd respondent to transfer RC (Registration Certificate)of the vehicle bearing NO.KA 21 MF 1111 VOLVO XC 90 D5 in the name of the petitioner".
WP No. 60 of 2023
is pre-mature, inasmuch as there is no rejection by the respondent No.2 and as such no certiorari can be granted as prayed for.
application. As such, no m andamus is also required to be granted in the matter.
The petition stands accordingly disposed of.
Sd/JUDGE
RU
1 issue framed by the court
Whether the Writ Petition challenging the endorsement directing transfer of registration certificate is maintainable when there is no prior rejection by the transport authority.
2 provisions across 1 enactments
SRI. K. C. MALLIKARJUNA
THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF TRANSPORT
THE ASSISTANT REGIONAL TRANSPORT OFFICER DEPUTY COMMISSIONER FOR TRANSPORT
SRI. AMITH RAMACHANDRA
SURAJ GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
