Bnd Energy Pvt. Ltd. Vs State of Karnataka

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NC: 2025:KHC:6104-DB WA No. 1361 of 2023 C/W WA No. 1273 of 2023 WA No. 1336 of 2023 WA No.1444 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF JANUARY, 2025

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PRESENT

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THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE M.I. ARUN WRIT APPEAL NO. 1361 OF 2023 (MV) C/W WRIT APPEAL NO. 1273 OF 2023 (MV) WRIT APPEAL NO. 1336 OF 2023 (MV) & WRIT APPEAL NO. 1444 OF 2023 (MV)

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IN WA NO. 1361/2023

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BETWEEN:

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BND ENERGY PVT. LTD., 23-24 BHURAKHIA ARCADE

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2ND FLOOR

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Digitally signed by VASANTHAKUMARY B K Location: High Court of Karnataka

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NEAR NAVJIVAN RESTAURANT SURATKAMREJ ROAD SURAT, GUJARAT - 395 006 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. Y HARISH KUMAR

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…APPELLANT

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(BY SRI K.N. PHANINDRA, SENIOR ADVOCATE A/W SRI SIJI MALAYIL, ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY

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NC: 2025:KHC:6104-DB WA No. 1361 of 2023 C/W WA No. 1273 of 2023 WA No. 1336 of 2023 WA No.1444 of 2023

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TRANSPORT DEPARTMENT NO.153, FIRST FLOOR 3^RD GATE, M.S. BUILDING BENGALURU - 560 001

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COMMISSIONER FOR TRANSPORT 1ST FLOOR, A BLOCK TTMC BUILDING, SHANTHI NAGAR BENGALURU

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KARNATAKA - 560 027

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UNION OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN 1, PARLIAMENT STREET NEW DELHI - 110 001

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…RESPONDENTS

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(BY SRI K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SRI K.S.HARISH, GOVERNMENT ADVOCATE FOR R-1 & 2; SRI VAIBHAV R.M., CGC FOR R-3; SRI NISHAN G.K., ADVOCATE FOR IMPLEADING APPLICANT IN I.A.NO.4/2023;

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SRI N. KASHYAP, ADVOCATE FOR IMPLEADING APPLICANT IN I.A.NO.2/2024)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE INTERIM ORDER DATED 20.09.2023 IN W.P.NO.20971/2023 PASSED BY THE LEARNED SINGLE JUDGE AND CONSEQUENTLY GRANT THE INTERIM RELIEF IN W.P.NO.20971/2023 AS PRAYED FOR.

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NC: 2025:KHC:6104-DB WA No. 1361 of 2023 C/W WA No. 1273 of 2023 WA No. 1336 of 2023 WA No.1444 of 2023

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IN WA NO. 1273/2023

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BETWEEN:

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TRANSPORT DEPARTMENT NO.153, FIRST FLOOR 3RD GATE, M.S. BUILDING BENGALURU - 560 001

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COMMISSIONER FOR TRANSPORT 1ST FLOOR, A BLOCK TTMC BUILDING SHANTHI NAGAR BENGALURU - 560 027

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...APPELLANTS

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(BY SRI SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SRI K.S. HARISH, GOVERNMENT ADVOCATE)

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AND:

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HIGH SECURITY REGISTRATION PLATE (HSRP) MANUFACTURERS ASSOCIATION OF INDIA BUILDING NO. 66/1619, ABIDAS ARCADEL PIYOLI ROAD, KOCHI, KERALA - 682 018 REPRESENTED BY ITS SECRETARY SRI ELUMALAI JAYARAM

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TEDI INDIA PVT. LTD., 33/14, JUBILEE ROAD WEST MAMBALAM CHENNAI - 600 033

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REPRESENTED BY ITS MANAGING DIRECTOR ELUMALAI JAYARAM

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M/S. ZOOM ENGINEERING SF NO. 505/0C VARATHAIYANGAR PALAYAM KEERTHANATHAM ROAD KEERTHAM, COIMBATORE TAMIL NADU - 641 035 REPRESENTED BY ITS MANAGING DIRECTOR AVIRESH K.N.

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UNION OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAVAN 1, PARLIAMENT STREET NEW DELHI - 110 001

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ASSOCIATION OF REGISTRATION PLATE MANUFACTURERS A REGISTERED ASSOCIATION UNDER THE SOCIETIES REGISTRATION ACT, 1860 HAVING ITS OFFICE AT NO. 6/7 DB GUPTA ROAD PAHARGANJ NEW DELHI - 110 055 REPRESENTED BY ITS AUTHORISED SIGNATORY NAGESH KUMAR

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FTA HSRP SOLUTIONS PRIVATE LIMITED # 2, 34^TH MAIN ROAD KAS OFFICERS LAYOUT, BTM II STAGE BENGALURU - 560 068 REPRESENTED BY ITS

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NC: 2025:KHC:6104-DB WA No. 1361 of 2023 C/W WA No. 1273 of 2023 WA No. 1336 of 2023 WA No.1444 of 2023

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AUTHORISED SIGNATORY ABHISHEK SARAOGI

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...RESPONDENTS

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(BY SRI ADITYA SONDHI, SENIOR ADVOCATE A/W SRI ANIYAN JOSEPH, ADVOCATE FOR R-1; SRI MOHAMMED SHAH, ADVOCATE FOR R-3; SRI VAIBHAV R.M., CGC FOR R-4; SRI UDAYA HOLLA, SENIOR ADVOCATE FOR SRI NISHAN G.K. ADVOCATE FOR R-5; SRI DEVADATT KAMATH, SENIOR ADVOCATE FOR SRI SHRAVANTH ARYA TANDRA, ADVOCATE FOR R-6)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE INTERIM ORDER DATED 20.09.2023 PASSED BY THE LEARNED SINGLE JUDGE ON 20.09.2023 IN W.P.NO.19861/2023 INSOFAR AS IT DIRECTS THE STATE GOVERNMENT TO FINALISE AND PUBLISH THE PROCESS THAT IS TO BE FOLLOWED BY VEHICLE MANUFACTURERS TO ACCORD APPROVAL FOR EVERY LICENSE PLATE MANUFACTURER WITH TYPE APPROVAL CERTIFICATE WITHIN A PERIOD OF 15 DAYS FROM THE DATE OF THE IMPUGNED ORDER.

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IN WA NO. 1336/2023

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BETWEEN:

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ASSOCIATION OF REGISTRATION PLATE MANUFACTURERS OF INDIA

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A REGISTERED ASSOCIATION UNDER THE SOCIETIES REGISTRATION ACT, 1860 F-119, MAYAPURI INDUSTRIAL AREA PHASE-II, NEW DELHI - 110 064

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THROUGH ITS AUTHORIZED SIGNATORY MR. NAGESH KUMAR

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...APPELLANT

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(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR SRI G.K. NISHAN, ADVOCATE)

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AND:

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HIGH SECURITY REGISTRATION PLATES (HSRP) MANUFACTURERS ASSOCIATION OF INDIA BUILDING NO. 66/1619 ABIDAS ARCADE, PIYOLI ROAD KOCHI, KERALA - 682 018 THROUGH ITS SECRETARY SRI ELUMALAI JAYARAM

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TEDI INDIA PVT. LTD., 33/14, JUBILEE ROAD WEST MAMBALAM CHENNAI - 600 033 REPRESENTED BY ITS MANAGING DIRECTOR SRI ELUMALAI JAYARAM

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M/S ZOOM ENGINEERING SF.NO. 505/9C VARATHAIYANGAR PALAYAM KEERANATHAM ROAD KEERANATHAM COIMBATORE - 641 035 TAMIL NADU, INDIA REPRESENTED BY ITS MANAGING PARTNER MR. AVIRESH K.N.

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TRANSPORT DEPARTMENT NO. 153, FIRST FLOOR 3RD GATE, M.S.BUILDING BENGALURU - 560 001

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COMMISSIONER FOR TRANSPORT 1ST FLOOR, A BLOCK TTMC BUILDING, SHANTHI NAGAR BENGALURU, KARNATAKA - 560 027

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UNION OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN 1, PARLIAMENT STREET NEW DELHI - 110 001

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FTA HSRP SOLUTIONS PVT. LTD., # 2, 34^TH MAIN ROAD BTM II STAGE BENGALURU - 560 068

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...RESPONDENTS

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(BY SRI ADITYA SONDHI, SENIOR ADVOCATE FOR SRI ANIYAN JOSEPH, ADVOCATE FOR R-1; SRI K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SRI K.S.HARISH, GOVERNMENT ADVOCATE FOR R- 4 & 5; SRI R.M. VAIBHAV, CGC FOR R-6)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE PARAGRAPHS (b) AND (c) OF THE IMPUGNED INTERIM ORDER DATED 20.09.2023 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.19861/2023 AND ETC.

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IN WA NO. 1444/2023

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BETWEEN:

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HIGH SECURITY REGISTRATION PLATE (HSRP) MANUFACTURERS ASSOCIATION OF INDIA BUILDING NO. 66/1619 ABIDAS ARCADE, PIYOLI ROAD KOCHI, KERALA - 682 018 REPRESENTED BY ITS SECRETARY SRI ELUMALAI JAYARAM

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TEDI INDIA PVT. LTD., 33/14, JUBILEE ROAD WEST MAMBALAM CHENNAI - 600 033 REPRESENTED BY ITS MANAGING DIRECTOR ELUMALAI JAYARAM

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ZOOOM ENGINEERING S F NO. 505/9C VARATHAIYANGER PALAYAM KEERANATHAM ROAD KEERANATHAM COIMBATORE - 641 035 TAMILNADU, INDIA REPRESENTED BY ITS MANAGING PARTNER SRI K.V. AVIRESH

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...APPELLANTS

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(BY SRI ADITYA SONDHI, SENIOR ADVOCATE FOR SRI ANIYAN JOSEPH, ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TRANSPORT DEPARTMENT NO.153, FIRST FLOOR 3^RD GATE, M.S. BUILDING BENGALURU - 560 001

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COMMISSIONER FOR TRANSPORT 1ST FLOOR, A BLOCK TTMC BUILDING SHANTHI NAGAR, BENGALURU KARNATAKA, 560 027 REPRESENTED BY TRANSPORT COMMISSIONER

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UNION OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN 1, PARLIAMENT STREET NEW DELHI - 110 001 REPRSENTED BY ITS SECRETARY

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...RESPONDENTS

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(BY SRI K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-1 & 2; MS. PRIYANKA S. BHAT, CGC FOR R-3; SRI KASHYAP N. NAYAK, ADVOCATE FOR IMPLEADING APPLICANT AS PROPOSED R-4 IN Ι.Α.NO.3/2024; SRI UDAYA HOLLA, SENIOR ADVOCATE FOR SRI NISHAN G.K., ADVOCATE FOR IMPLEADING APPLICATION AS PROPOSED R-5 IN I.A.NO.1/2024)

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NC: 2025:KHC:6104-DB WA No. 1361 of 2023 C/W WA No. 1273 of 2023 WA No. 1336 of 2023 WA No.1444 of 2023

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE INTERIM ORDER DATED 20.09.2023 IN W.P.NO.19861/2023 PASSED BY THE LEARNED SINGLE JUDGE AND CONSEQUENTLY GRANT THE INTERIM RELIEF IN W.P.NO.19861/2023 AS PRAYED FOR.

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THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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This common order will govern Writ Appeal No.1361 of 2023, Writ Appeal No.1273 of 2023, Writ Appeal No.1336 of 2023 and Writ Appeal No.1444 of 2023, which all arise from the order dated 20.09.2023 passed in common by learned Single Judge in the pending proceedings of the respective writ petitions.

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The original petitioners are either the Association of Vehicle Registration Plate Manufacturers or those engaged in manufacturing of such licensed plates. They are aggrieved by and have challenged the Notification dated 17.08.2023 as well as

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NC: 2025:KHC:6104-DB WA No. 1361 of 2023 C/W WA No. 1273 of 2023 WA No. 1336 of 2023 WA No.1444 of 2023

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Circular dated 18.08.2023 issued by the State Government in respect of High Security Registration Plates, seeking to implement the amended provision of Rule 50(i)(v) of the Motor Vehicle Rules.

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Writ Appeal No.1361 of 2023 pertains to Writ Petition No.20971 of 2023 wherein the original petitioner-BND Energy Private Limited is the appellant. Writ Appeal No.1273 of 2023 arises out of the common order in Writ Petition No.19861 of 2023. The appellants are the State of Karnataka and the Commissioner for Transport-the original respondent Nos.1 and 2 respectively. The third Writ Appeal No.1336 of 2023 and the fourth Writ Appeal No.1444 of 2023 both arise from the same Writ Petition No.19861 of 2023. The appellants in these two appeals are the Association of Registration Plate Manufacturers of India and High Security Registration Plate (HSRP) Manufacturers Association of India and two others, who are the original petitioner Nos.1, 2 and 3 respectively. As stated above, in all the writ appeals, the same order dated 20.09.2023 of learned Single Judge is impugned.

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The Court heard learned Senior Mr. K.N. Phanindra assisted by learned advocate Mr. Siji Malayil for the appellant, learned Advocate General Mr. K. Shashi Kiran

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Shetty along with learned Government Advocate Mr. K.S. Harish for respondent Nos.1 and 2 and learned Central Government Counsel Mr. R.M. Vaibhav for respondent No.3 who appeared in Writ Appeal No.1361 of 2023.

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4.1 In Writ Appeal No.1273 of 2023, heard learned Advocate General Mr. K. Shashi Kiran Shetty along with learned Government Advocate Mr. K.S. Harish for the appellants, learned Senior Advocate Mr. Aditya Sondhi with learned advocate Mr. Aniyan Joseph for respondent No.1, learned advocate Mr. Mohammed Shah for respondent No.3, learned Central Government Counsel Mr. R.M. Vaibhav for respondent No.4, learned Senior Advocate Mr. Udaya Holla for learned advocate Mr. G.K. Nishan for respondent No.5 and learned Senior Advocate Mr. Devadatt Kamath with learned advocate Mr. Shravanth Arya Tandra for respondent No.6.

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4.2 Learned Senior Advocate Mr. Udaya Holla with learned advocate Mr. G.K. Nishan for the appellant, learned Senior Advocate Mr. Aditya Sondhi with learned advocate Mr. Aniyan Joseph for respondent No.1, learned Advocate General Mr. K. Shashi Kiran Shetty with learned Government Advocate

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Mr. K.S. Harish for respondent Nos.4 and 5 and learned Central Government Counsel Mr. R.M. Vaibhav for respondent No.6 are heard in Writ Appeal No.1336 of 2023.

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4.3 Similarly heard learned Senior Advocate Mr. Aditya Sondhi with learned advocate Mr. Aniyan Joseph for the appellants, learned Advocate General Mr. K. Shashi Kiran Shetty with learned Government Advocate Mr. K.S. Harish for respondent Nos.1 and 2 and learned Central Government Counsel Ms. Priyanka S. Bhat for respondent No.3.

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There is no gainsaying that the order dated 20.09.2023 impugned in the writ appeals is an interim order passed in the pending writ petitions. Learned Single Judge passed the following interim directions,

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"(a) The petitioners' request for stay of operation of the impugned Notification dated 17.08.2023 [Annexure-F in W.P. No.19861/2023] and the Circular dated 18.08.2023 [Annexure-G in W.P. No.19861/2023] is not accepted.

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(b) The State Government, within a period of fifteen [15] days from today, shall finalize and publish the process that is to be followed by the vehicle

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manufacturers to accord approval for every license plate manufacturer with Type Approval Certificate.

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(c) The petitioners, without prejudice to their defense in the present case, shall be entitled to seek approval from the vehicle manufacturers to participate in the HSRP Scheme."

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5.1 In course of the consideration of the appeals, the Co-ordinate Bench of this court passed the order dated 21.05.2024 dealing with I.A.No.4 of 2024 as well. After noticing the relevant facts, the court directed respondent No.1 not to take any precipitative steps or action in the matter relating to and regarding fixation of HSRP plates to the vehicles in the State of Karnataka.

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5.2 The aforesaid order came to be modified as per the order dated 12.06.2024 after hearing all the sides, relevant is reproduced hereinbelow,

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"These appeals were moved before the Vacation Bench when on 21.05.2024, the following interim order was passed,

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“In view of the aforesaid facts and circumstances and submissions made on behalf of respondent No.1-State

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and the undertaking given by them that even subsequent to 31.05.2024, the respondent No.1-State would not take any further precipitative steps/ action/ decision in the matter relating to and regarding fixation of HSRP plates to vehicles in Karnataka till 12.06.2024, the Registry is directed to re-list the matter on 11.06.2024.

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Re-list all the appeals on 11.06.2024.”

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As per the above order, the appeals were supposed to be listed on 11.06.2024. However, yesterday, they were not listed.

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Today, the appeals came to be listed. Essentially therefore the appeals are before the Court for extension of interim order.

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It was submitted on behalf of the State Government by learned Additional Advocate General Mr.Vikram Huilgol that by virtue of the aforesaid order, the State is restrained from taking precipitative steps and also from taking any decision in the matter. He submitted that the decision with regard to fixation of High Security Registration Plates to the vehicles in the State of

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Karnataka is required to be taken by the competent authority.

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4.1 It was requested that while the State will not precipitate the matter, however, the decision may be permitted to be taken on the above aspect about fixation of High Security Registration Plates.

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Learned Senior Advocate Mr. Aditya Sondhi for learned advocate Mr. Aniyan Joseph for the appellants in Writ Appeal No.1444 of 2023 fairly stated that if the precipitative steps are not taken, the State may be permitted to take appropriate decision and place the same before the Court.

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In view of the above submissions coming forth, the order dated 21.05.2024 is modified to the extent that the State Government is permitted to take decision in relation to fixation of High Security Registration Plates and such decision shall be placed on the record of the present proceedings."

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5.3 While the aforesaid orders were passed during the pendency of the appeals, the fact remained that the original order which is brought under challenge in the writ appeals is an interim order.

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The proceedings of the correspondent writ petitions are pending at

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large before learned Single Judge to be considered on merits and in accordance with law. By very nature of the order dated 20.09.2023, it is at the interim stage and it does not determine the rights of any of the parties finally.

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5.4 When the order is interim order which does not crystallize the rights of the parties, and more particularly when there is no trapping of finality in the order, the court is not inclined to exercise its appellate jurisdiction.

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5.5 It will be appropriate that learned Single Judge considers the subject matter of challenge pending before him on merits and in accordance with law after hearing all the parties concerned to decide the respective writ petitions.

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5.6 In the aforesaid view, the writ appeals are not entertained.

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Without going into or expressing anything on the merits of the case of the parties, the following directions are issued,

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(i) The proceedings of Writ Petition Nos.20971 of 2023, 19861 of 2023 and 20148 of 2023 are remitted back to learned Single Judge for deciding the petitions in accordance with law.

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(ii) All the petitions shall be listed before learned Single Judge on 13.02.2025 as agreed by all the parties appearing through their learned respective counsels.

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(iii) Learned Single Judge may be requested on that day by all concerned to take up the writ petitions for hearing expeditiously.

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(iv) Learned Single Judge may consider the request of the parties for early time-bound disposal in view of the urgency shown and in light of the importance of the subject matter, although keeping in view his own time table.

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(v) The interim order which is operating, as passed on 12.06.2024 in the appeals, shall continue to operate to govern the rights and obligations of the parties till the writ petitions are disposed of by learned Single Judge.

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6.1 It is clarified that this court has not gone into or expressed any opinion on merits on the subject matter. It is further clarified

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that continuance of the interim order does not have reflection on the merits.

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All the writ appeals are disposed of in the above terms.

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All the interlocutory applications will not survive in view of the disposal of the writ appeals.

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It will be open for the impleading applicants, who have filed the impleading applications in the appeal proceedings, to file similar applications before learned Single Judge to be considered on merits and in accordance with law.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(M.I.ARUN) JUDGE

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BKV

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List No.: 1 Sl No.: 30

Bnd Energy Pvt. Ltd. v. State of Karnataka

Case brief

What is this about?

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Bnd Energy Pvt. Ltd. v. State of Karnataka

Case brief

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