IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL 2019 PRESENT:
THE HON’BLE Mr. L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON'BLE Mr. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.188 OF 2019 (MV) BETWEEN:
THE DEPUTY COMMISSIONER FOR TRANSPORT AND SENIOR REGIONAL TRANSPORT OFFICER, BENGALURU CENTRAL, BDA COMPLEX, KORAMANGALA, BENGALURU – 560 034. ...APPELLANT (By Sri T.L.KIRAN KUMAR, AGA) AND:
Sri Y.SUNIL KUMAR, S/O Sri YADURAPPA, MAJOR, NO.17, 2ND FLOOR, SRIRAMANAGAR, HONGASANDRA MAIN ROAD, GORVEBHAVI PALYA, BENGALURU – 560 068. ...RESPONDENT THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAK HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE IN THE WRIT PETITION NO.34415 OF 2018 DATED 09.08.2018.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:
J U D G M E N T State has preferred this appeal challenging order dated 09.08.2018 passed in Writ Petition No.34415 of 2018.
2. Petitioner approached this Court with the instant writ petition to quash the endorsement dated 04.08.2018 issued by the Deputy Commissioner for Transports and Senior Regional Transport Officer, Bengaluru Central directing the petitioner to furnish a copy of the permit to register the Autorickshaw presented for registration. The learned single Judge relying on the decision of this Court in the case of S.Narayana Bhatta Vs. The Assistant Regional Transport Officer reported in ILR 1981 KAR 195 has allowed the writ petition.
3. Sri.T.L.Kiran Kumar, learned Additional Government Advocate for the State urged a solitary contention that if the Autorickshaws are permitted to be registered without permit, they will cause more noise and air pollution. Accordingly, he prays for allowing this appeal.
4. It is relevant to note that in the aforementioned decision, it is held that the registering Authority cannot insist that a permit has to be obtained prior to registration of the vehicle.
5. In view of the settled position of law, the appeal fails and accordingly, it is rejected.
The appeal having been considered on merits, both the interlocutory applications are also disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE DH