IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.13440 OF 2017 (MV) BETWEEN:
Smt.B.Yeshashwini S/o Sri.Bala Nanjundaiah Aged about 45 years, No.70/1, 5th Main Road, Ramachandra, Chamarajapete – 560 018. Bengaluru.
(By Sri.C.M.S.Shariff, Advocate) AND:
... Petitioner The Secretary Regional Transport Authority Mandya Division, Regional Transport Office, Mandya – 571 401. …Respondent (By Sri.Vijay Kumar A.Patil, AGA) This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct respondent to consider the application dated 18.10.2016 for the grant and issue of temporary permit vide Annexure – A in respect of the stage carriage permit No.10/2001-2002 valid till 04.11.2016 for the route Bengaluru to K.R.Pete and back and to consider the same forthwith.
This petition coming on for preliminary hearing this day, the Court made the following:-
ORDER The learned AGA is permitted to accept notice on behalf of the respondent.
2. The petitioner has sought for a writ of mandamus directing the respondent to consider the application dated 18.10.2016 for grant and issue of temporary permit in respect of the stage carriage permit No.10/2001-2002.
3. Heard the learned counsel for the parties and perused the material on record.
4. The grievance of the petitioner is that, the application dated 18.10.2016 (Annexure – ‘A’) to the writ petition filed by the petitioner for grant of temporary permit is not considered by the respondent.
5. The learned AGA points out that the duration of the permit sought in the application was from 05.11.2016 to 28.02.2017 under such circumstances, the respondent-authority shall consider the request of the petitioner only, if a fresh application is filed. The arguments advanced by the learned AGA has some force that the duration for which the temporary permit was sought having been expired it is appropriate for the petitioner to file a fresh application seeking for grant and issue of temporary permit. It is significant to note that temporary permit is for a limited period. It is incumbent on the respondent to consider the application for grant of temporary permit expeditiously. If the period for which the temporary permit is sought, if gets expired the application becomes infructuous. The purpose of filing an application for temporary permit gets defeated.
6. However considering the facts and circumstances of the case, this Court is of the considered view that the petitioner shall file a fresh application within one week from the date of receipt of the certified copy of the order and if such application is filed, the same shall be considered by the respondent as expeditiously as possible within two weeks from the date of filing the application and the order shall be passed in accordance with law.
The writ petition is disposed of accordingly.
Sd/- JUDGE UN