Disposed

Karnataka State Road Transport Corporation v. Regional Transport Authority

Karnataka HC25 Oct 2023WP/8335/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging permit renewals after holding that the grievance was infructuous due to the expiration of the renewed periods. The court disposed of the petition, reserving liberty to seek remedies under Section 90 of the Motor Vehicles Act if permits are renewed in the future. All contentions were left open.

What did the court decide?

Petition disposed of; liberty reserved to file remedy under Section 90 of the Motor Vehicles Act if permits are renewed.

Karnataka State Road Transport Corporation Vs… — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC:37791 WP No. 8335 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD

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WRIT PETITION NO. 8335 OF 2019 (MV)

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BETWEEN:

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KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, K H ROAD, BENGALURU-560027 BY ITS CHIEF LAW OFFICER.

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…PETITIONER

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(BY SRI. HAREESH BHANDARY T.,ADVOCATE)

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AND:

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Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA

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REGIONAL TRANSPORT AUTHORITY BANGALORE RURAL, REP BY ITS CHAIRMAN, VISHWESHWARAIAH TOWERS, AMBEDKAR VEEDI, BENGALURU-560001.

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THE SECRETARY REGIONAL TRANSPORT AUTHORITY, BANGALORE RURAL, SECOND FLOOR, BDA COMPLEX, 3RD BLOCK, KORAMANGALA, BENGALURU-560034.

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SMT RAJESWARI W/O LATE K P KUMAR, MAJOR, NO.127, BASAVAGUDI ROAD,

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NC: 2023:KHC:37791 WP No. 8335 of 2019

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CHIKKABALLAPURA- 562352.

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SRI HEMACHANDRA MUDALIAR MAJOR, THYMAGONDLU, NELAMANGALA, BANGALORE -562113.

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SRI B S SHIVAKUMAR LATE SUBBARAYAPPA, MAJOR, SINCE R5 DECEASED BY LRS

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5(A) B.S. AMRUTH S/O LATE B.S. SHIVAKUMAR AGED ABOUT 38 YEARS PROP : KISSAN MOTOR SERVICE NO. 76, 3^RD MAIN ROAD CHAMRAJPET BANGALORE 560 018.

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M KRISHNA MURTHY S/O LATE MUNIRAO, AGED ABOUT 55 YEARS, NO.5, 22^ND CROSS, CUBBONPET MAIN ROAD, BENGALURU-560002.

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…RESPONDENTS (BY SRI. BHOJEGOUDA T KOLLER, AGA FOR R1 & R2; SRI. MOHAMMED SUBHANULLA SHARIFF, ADVOCATE FOR R3; SRI. M.E. NAGESH, ADVOCATE FOR R6; SRI. A.S. PARASARA KUMAR, ADVOCATE FOR R4 & R5(A))

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THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENTS OF RENEWAL OF PERMITS BY THE R-2 SECRETARY DATED 23.03.2018, 18.07.2018, 18.07.2018 AND 03.08.2018 VIDE ANNEXURE-A,A1,A2 AND A3, RESPECTIVELY; CALL FOR THE RECORDS

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3 - NC: 2023:KHC:37791 WP No. 8335 of 2019

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PERTAINS TO THE IMPUGNED ENDORSEMENT OF RENEWAL OF PERMITS BY THE R-2 SECRETARY DATED 23.03.2018, 18.07.2018, 18.07.2018 AND 03.08.2018 VIDE ANNEXURE-A,A1,A2 AND A3, RESPECTIVELY.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is aggrieved by the Endorsements

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of Renewal of Permits as per Annexures-A, A1, A2 and A3. These endorsements are issued by the second respondent, and these renewals are for the following corresponding periods in favour of the

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respective respondents.

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Sl. No.	Name	Permit Number	Route	Renewal period
1	Smt. N. Rajeswari W/o. Late K.P.Kumar	8/1987-88	Doddaballapura to Kamareddihalli	11.08.2015 to 10.08.2020
	Sri Hemachandra	11/98-99	Doddaballapura	28.07.2018
2	Mudaliar		to Tumkur	to 7.07.2023
3	Sri B.S.Shivakumar	18/98-99	Bangalore to Doddaballapura	20.08.2018 to 19.08.2023
4	Sri M.Krishnamurthy	20/88-89	Bangalore to Koratagere	10.02.2017 to 09.02.2022

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NC: 2023:KHC:37791 WP No. 8335 of 2019

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Sri Hareesh T. Bhandary, Sri M.E.Nagesh, Sri.Mohammed Subhanulla Shariff and Sri A.S.Parasara Kumar, the learned counsels for the contesting parties, are heard for final disposal of the petition in the light of the submission that the petitioner’s grievance as against each of the renewals is rendered infructuous with the renewals having expired. Sri.A.S.Parasara Kumar, who is on record for the fifth respondent, also submits that the application has been filed to surrender the permit issued in favour of the fifth respondent.

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It remains undisputed that if the renewed period has expired, the grievance as against such renewal will not survive for consideration, and in the similar circumstances, the proceedings are disposed of reserving liberty to the concerned to call in question the renewals, if granted, under Section 90 of the Motor Vehicles Act, 1988 [ the MV Act ].

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NC: 2023:KHC:37791 WP No. 8335 of 2019

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In the light of the afore, the petition stands disposed of reserving liberty to the petitioner, subject to all just exceptions in law, to avail remedy under Section 90 of the MV Act in the event there is renewal of the subject permits. It is needless to observe that all the contentions are left open.

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SD/JUDGE

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SA ct:sr

Karnataka State Road Transport Corporation v. Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Karnataka State Road Transport Corporation v. Regional Transport Authority

Case brief

What is this about?

What did the court decide?

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