Disposed

Sri. Vasudev H K, v. the Regional Transport Officer

Karnataka HC2 Jan 2024WP/26755/2023

Case brief

AI extract

What is this about?

Petition seeking directions to the Regional Transport Officer to verify the declared location of a non-use vehicle and consider the petitioner's representation. The court noted inspection report and demand notice predated the representation and directed the respondent to consider it and take action in accordance with law within one month.

What the court decided

AI extract

Sri. Vasudev H K, Vs the Regional Transport Officer — Motor Accident Claims | Karnataka HC (2024)

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NC: 2024:KHC:136 WP No. 26755 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO.26755 OF 2023 (T- MVT)

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BETWEEN:

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SRI. VASUDEV H K, S/O KRISHNA SETTI, AGED 43 YEARS, R/A HONGANURU VILLAGE POST, CHENNAPATNA TALUK, RAMANAGARA DISTRICT – 562 138.

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…PETITIONER

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(BY SRI. LOKESH R., ADVOCATE)

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AND:

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THE REGIONAL TRANSPORT OFFICER RAMANAGAR 562159

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…RESPONDENT

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(BY SRI. SHAMANTH NAIK, HCGP)

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO VERIFY THE NON-USE OF THE VEHICLE KA-10-6139 IS STILL AT THE DECLARED PLACE OF ADDRESS AND TO ACCEPT THE REPRESENTATION / SUBMISSION GIVEN TO THE RESPONDENT AUTHORITY ON 27.09.2023 MARKED ANNEXURE-D TO THE WRIT PETITION BY ISSUE OF WRIT ORDER, DIRECTION AND TO PASS SUCH ORDER AS DEEM FIR UNDER THE CIRCUMSTANCES OF THE CASE UNDER SITUATION TO GRANT RELIEF TO THE PETITIONER AND TO DIRECT THE RESPONDENT TO TAKE ACTION AS PER LAW IF THE NON-USE VEHICLE IS NOT FOUND AT THE PLACE DECLARATION ADDRESS IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING , THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:136 WP No. 26755 of 2023

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ORDER

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In this petition, petitioner has sought for the following reliefs:

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“(a) Issue mandamus direction to the respondent authority to verify the non-use of the vehicle KA-10-6139 is still at the declared place of address and to accept the representation / submission given to the respondent authority on 27.09.2023 marked ANNEXURE-D to the writ petition by issue of writ order, direction and

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(b) to pass such order as deem fit under the circumstances of the case under situation to grant relief to the petitioner and to direct the respondent to take action as per law if the non-use vehicle is not found at the place declaration address in the interest of justice and equity.”

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Heard learned counsel for the petitioner and learned HCGP for the respondent and perused the material on record.

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In addition to reiterating the various contentions urged

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in the memorandum of petition and referring to the material on record, learned counsel for the petitioner submits that despite submission of the representation at Annexure – D dated 27.09.2023, the respondent has not considered the same nor passed any appropriate orders / taken appropriate steps in this

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NC: 2024:KHC:136 WP No. 26755 of 2023

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regard and as such, petitioner is before this Court by way of the present petition.

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Per contra, learned HCGP has filed a memo enclosing copies of the Inspection Report dated 16.08.2022, Demand Notice dated 30.08.2022 and three photographs. It is therefore submitted that there is no merit in the petition and the same is liable to be dismissed.

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By way of reply, learned counsel for the petitioner submits that since the aforesaid Inspection Report dated 16.08.2023 and Demand Notice dated 30.08.2022 as well as photographs produced by the respondent are prior to the representation, the question of respondent not considering the representation in accordance with law would not arise in the facts and circumstances of the instant case and necessary directions may be issued to the respondent in this regard.

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In view of the aforesaid facts and circumstances and undisputed fact that the Inspection Report dated 16.08.2023, Demand Notice dated 30.08.2022 and photographs are prior to the representation submitted by the petitioner on 27.09.2023, I deem it

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NC: 2024:KHC:136 WP No. 26755 of 2023

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just and appropriate to dispose of this petition directing the respondent to address the grievance of the petitioner and consider and pass appropriate orders and take appropriate steps / action pursuant to the said Inspection Report dated 16.08.2023, in accordance with law, within a period of one month from the date of receipt of a copy of this order.

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Subject to the aforesaid directions, petition stands

disposed of.

Sd/JUDGE

List No.: 1 Sl No.: 31

Sri. Vasudev H K, v. the Regional Transport Officer

Case brief

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Sri. Vasudev H K, v. the Regional Transport Officer

Case brief

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