Sri. K B Mahesh Vs the Regional Transport Authority — Writ and Judicial Review | Karnataka HC (2025)

Sri. K B Mahesh Vs the Regional Transport Authority — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Endorsement (Annexure-AC) issued by the Secretary, Regional Transport Authority quashed; Regional Transport Authority directed to consider the petitioner's transfer-of-permit application on merits in accordance with law within 90 days of receipt of the certified copy of the order.

Issue for consideration

Whether the petitioner's application for transfer of permit, addressed to the Secretary, Regional Transport Authority instead of the Regional Transport Authority, ought to be treated as an application before the Regional Transport Authority and considered on merits, and whether the endorsement issued by the Secretary (Annexure-AC) was sustainable.

Court's answer

The application filed by the petitioner, though addressed to the Secretary, Regional Transport Authority, shall be construed as an application made before the Regional Transport Authority.

Ratio / Principle

The Regional Transport Authority shall consider the petitioner's application on merits in accordance with the law.

Key takeaways

Such consideration shall be completed within 90 days from the receipt of the certified copy of this order.ratio¶42
The endorsement issued by the Secretary, Regional Transport Authority vide Annexure-AC is quashed.ratio¶42
This Court has not expressed any opinion on the merits of the case.obiter¶45

Detailed headnote1 paragraphs

Writ Petition (MV) under Articles 226 and 227 of the Constitution of India — Transfer of permit — The permit-holder uncle of the petitioner (K.Jayadevappa) died bachelor and issueless; the petitioner's transfer application (Annexure-V) was addressed to the Secretary, Regional Transport Authority instead of the Regional Transport Authority, which issued an endorsement (Annexure-AC) — Held: the application shall be construed as one made before the Regional Transport Authority; the endorsement is quashed; the Regional Transport Authority shall consider the application on merits in accordance with law within 90 days of receipt of the certified copy of the order — Writ petition disposed of; no opinion expressed on the merits. (Jyoti Mulimani, J.)

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NC: 2025:KHC:18453 WP No. 8364 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF JUNE, 2025

BEFORE

THE HON'BLE MS. JUSTICE JYOTI MULIMANI

WRIT PETITION NO. 8364 OF 2025 (MV)

BETWEEN:

SRI. K.B.MAHESH S/O. LATE BASAVARAJAPPA.K.R, AGED ABOUT 41 YEARS, BUS OPERATOR, R/AT. KATHALAGERE, NEAR VIJAYA BANK CIRCLE, CHANNAGIRI TALUK, KATHALAGERE, DAVANAGERE DISTRICT-577 219.

…PETITIONER

(BY SRI. A.S.PARASARA KUMAR., ADVOCATE)

AND:

Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

THE REGIONAL TRANSPORT AUTHORITY OPP: SUPERINTENDENT OF POLICE OFFICE, DEVARAJ URS LAYOUT, DAVANAGERE-577 006, REPRESENTED BY ITS CHAIRMAN.

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, OPP: SUPERINTENDENT OF POLICE OFFICE, DEVARAJ URS LAYOUT, DAVANAGERE-577 006.

THE KARNATAKA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, K.H. ROAD, SHANTHINAGAR, BANGALORE-560 027.

…RESPONDENTS

(BY SRI. RAJAKUMAR., AGA FOR R1 & 2; SRI. HAREESH BHANDARY.T., ADVOCATE FOR R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.A.S.Parasara Kumar., counsel for the petitioner, Sri.Rajakumar., AGA for respondents 1 and 2 and Sri.Hareesh Bhandary.T., counsel for respondent No.3 have appeared in person.

Counsel for the respective parties urged several

contentions.

The petitioner - K.B.Mahesh is the son of late Basavarajappa.K.R, who had a sibling by name K.Jayadevappa and he was the permit holder. The contention of the petitioner is that his uncle K.Jayadevappa died bachelor issueless and after his death, he moved an application seeking transfer of permit in his name. The application is furnished along with the Writ Petition and the same is marked as Annexure-V. A perusal of the same depicts that it is addressed to the Secretary, Regional Transport Authority. The grievance of the petitioner is

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that the Regional Transport Authority instead of considering the application erroneously issued an endorsement. Hence, he is before this Court seeking appropriate relief.

Counsel Sri.Hareesh Bhandary.T., in presenting his arguments strenuously urged that the petitioner instead of filing an application before the Regional Transport Authority has moved an application to the Secretary, Regional Transport Authority. He argued by saying that the Secretary, Regional Transport Authority is justified in issuing the endorsement. Counsel therefore, submits that an appropriate order may be passed.

Heard the arguments and perused the Writ papers

with care.

The short controversy is about the application filed by the petitioner for transfer of permit. Admittedly, the petitioner has filed an application and it is addressed to the Secretary, Regional Transport Authority instead of Regional Transport Authority. The application filed by the petitioner shall be construed as an application made before the Regional Transport Authority. The Regional Transport Authority shall

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consider the application on merits in accordance with the law

within 90 days from the receipt of the certified copy of this order. The endorsement issued by the Secretary, Regional Transport Authority vide Annexure-AC is quashed.

Resultantly, the Writ Petition is disposed of .

Needless to observe that this Court has not expressed

any opinion on the merits of the case.

Sd/(JYOTI MULIMANI) JUDGE

MRP List No.: 1 Sl No.: 21