IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No. 3881/2013(GM-RES) BETWEEN:
C.V. SATHISH S/O V. VENKATAPPA AGED ABOUT 45 YEARS CHIKKATHUR VILLAGE KADU MANGALORE POST KUSHALNAGAR, COORG DIST-571234 …PETITIONER (BY SRI. V.K. NARAYANASWAMY, ADV.) AND:
1. DIRECTOR OF PORTS DEPARTMENT OF PORTS & INLAND WATER TRANSPORT GOVT. OF KARNATAKA KARWAR-581301.
2. THE DEPUTY DIRECTOR DIVISIONAL TRANSPORT OFFICE DEPARTMENT OF TOURISM OLD EXHIBITION BUILDING IRIVIND ROAD, MYSORE-570001.
3. GRAMA PANCHAYATH NANJARAYAPATNA KUSHAL NAGAR HOBLI SOMAWARPET TALUK-580020.
BY PANCHAYAT DEVELOPMENT OFFICER.
… RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA. FOR R1 AND R2 SRI. SUNIL KUMAR P BANGARI, ADV. FOR SRI. M.N. MADHUSUDHAN, ADV. FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 NOT TO PREVENT OR STOP ANY OF THE PETITIONER’S LICENSED BOATS-FERRY CRAFTS FROM OPERATION, WITHOUT DUE PROCESS OF LAW AND TILL A FINAL DECISION IS TAKEN PURSUANT TO NOTICE DATED 20.07.2012 AT ANNEXURE-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HERING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this writ petition, the petitioner has sought for the following reliefs:
a) “Issue a writ of Mandamus or any other appropriate order directing the Respondent No.3 not to prevent or stop any of the petitioner’s licensed boats-FERRY Crafts from operation, without due process of law and till a final decision is taken pursuant to notice dated: 20.07.2012 at Annexure-E.
b) Issue such other writ or order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, with compensatory costs, in the interest of justice.
c) Issue a writ of CERTIORARI or any other writ or order, quashing the impugned RESOLUTION dated: 15.05.2013 at ITEM No.75 concerning the petitioner produced as Annexure- G passed by the Respondent No.3, as illegal and contrary to law. Further direct to the Respondent No.3 to issue NOC for renewal of license to carry passengers in ferry cavery river as per Annexure-A5 to A11 in accordance with law, in the interest of justice.”
2. The case of the petitioner is that the petitioner is a valid licenced holder for Ferry Craft under different names, for ferrying the passengers/public in the said boats as per the licences granted by respondent No.1 produced as per Annexures-A1 to 11. The licence is subject to renewal. Before renewal of the licences, the petitioner has to obtain NOC from the Grama panchayath. As per Annexure-D series, the respondent-Panchayath has issued NOC for issuance of licence in favour of the petitioner. For the subsequent year, the petitioner approached the panchayath for issuing NOC. The Panchayath had issued notice dated 20.7.2012 to the petitioner fixing the date of meeting as 25.7.2102 directing the petitioner to produce the original licences. Pursuant to the notice, the petitioner attended the office of the respondent No.3 on 23.7.2012 and produced all the true copies of the licences, as he could not produce the original since he had submitted the same for renewal. No meeting was held on 25.7.2012. The respondent No.3 on 15.5.2013 passed a resolution vide Annexure-G not to give NOC or permission for renewal of licences till the disposal of the above writ petition filed by the petitioner. Subsequently by amendment, the petitioner challenged the resolution vide Annexure-G.
3. The learned counsel for the petitioner submits that the State Government vide Annexure-A series has issued licences to the petitioner subject to condition that licences has to be renewed every year after obtaining NOC from the Panchayath and other concerned authorities. The Panchayath has issued NOC till 2009. For the subsequent year, when the petitioner approached the Panchyath for issuing NOC, the Panchayath issued notice dated 20.7.2012 to the petitioner directing him to furnish the original licences.
Since, the petitioner had submitted the original license for renewal, he appeared before the respondent No.3 on 23.7.2012 and produced the true copies of the licences. Respondent No.3 passed a resolution dated 15.5.2013 vide Annexure-G and has taken a decision not to give any NOC or permission to renew the licences of the petitioner until the disposal of the above writ petition. Since the Panchayath has not taken any decision on the representation given by the petitioner, he is seeking for a direction to the Panchayath for issuing NOC.
4. Per contra, the learned counsel for the respondent No.3-Panchayath submits that pursuant to notice dated 20.7.2012 vide Annexure-E issued by respondent No.3, the petitioner has furnished only the xerox copies of the documents. Panchayath had directed the petitioner to furnish the original licences issued by the Government. Thereafter, the representation of the petitioner for issuance of NOC will be considered in accordance with law.
5. Heard the learned counsel for the parties.
Perused the records.
6. The petitioner is a valid licenced holder for carrying ferry services as per the licences granted by respondent No.1 produced as per Annexures-A1 to 11. Subsequent to issuance of licences, the petitioner has to obtain NOC from the Grama panchayath and other competent authorities. As per Annexure-D series, the respondent-Panchayath had issued NOC for issuance of licence in favour of the petitioner till 2009. For the subsequent year, the petitioner approached the panchayath for issuing NOC. The Panchayath had issued notice of meeting dated 20.7.2012 directing the petitioner to produce the original licences. In response, the petitioner attended the office of the respondent No.3 on 23.7.2012 and produced all the true copies of the licences. The respondent No.3 on 15.5.2013 passed a resolution vide Annexure-G and held not to give NOC or permission for renewal of licences till the present writ petition is disposed of. Being aggrieved by the same, the petitioner has filed this present writ petition 7. In the licences issued by respondent No.1, one of the condition is that the petitioner has to obtain separate permission from the Jilla Panchayath and other competent authorities for renewal of his licences. That being the case, the petitioner has to obtain permission from the Panchayath and other competent authority for renewal of licences for the year 2019-20. Therefore, the petitioner is permitted to submit fresh application/representation to the Panchayath and other competent authorities for issuing NOC for renewal of licences issued by the government. On such application/representation being made by the petitioner, the Panchayath and concerned authority shall consider the same and shall pass orders in accordance with law.
8. With the above observation, the writ petition is disposed of.
9. In view of disposal of the petition, I.A.1/2016 does not survive for consideration. Accordingly, the same is dismissed.
Sd/- JUDGE DM