IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION NO.854 OF 2019 (MV) BETWEEN SMT K J LAKSHMI, W/O P S SRINATH REDDY, AGED 38 YEARS, 1 BLOCK, SHANTHINAGAR, CHELUR VILLAGE AND POST, BAGEPALLI TALUK, CHICKBALLAPUR DISTRICT-563 124. ... PETITIONER (BY SRI. LOKESH R, ADVOCATE) AND:
1. THE KARNATAKA STATE TRANSPORT AUTHORITY, 1ST FLOOR, “A” BLOCK, TTMC COMPLEX, BMTC BUILDINGS, K.H. ROAD, SHANTHINAGAR, BENGALURU–560 027.
BY ITS SECRETARY.
2. THE ACT AND SECRETARY, KARNATAKA STATE TRANSPORT AUTHORITY, 1ST FLOOR, “A” BLOCK, TTMC COMPLEX, BMTC BUILDINGS, K.H.ROAD, SHANTHINAGAR, BENGALURU-560 027. ... RESPONDENTS (BY SRI. V.SHIVAREDDY, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO CONSIDER THE APPLICATIONS DATED 20.12.2018 AND 28.12.2018 VIDE ANNEX-B & B1 TO CONSIDER THE SAME IN RESPECT OF VEHICLE KA-01-A-6819 BY R-2 ACT AND SECRETARY, KSTA, BENGALURU TO ISSUE PERMIT IN RESPECT OF PERMIT GRANTED UNDER SUBJECT NUMBER 182/2015 TO VEHICLE DETAILS MARKED AT ANNEX-A AS PER LAW BY WAY OF ISSUE OF WRIT ORDER OR DIRECTION TO THE RESPONDENT AUTHORITY FORTHWITH.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The Petitioner who claims to be a stage carriage permit holder for the period between 30.12.2010 and 15.09.2011 on a particular route has a short grievance that his applications dated 20.12.2018 and 28.12.2018 made to the Respondents have remained unconsidered and that apparently, there is no justification whatsoever for the same.
2. The learned High Court Government Pleader Sri. V. Shivareddy on request having taken notice for Respondents submits that, going by the petition averments, the applications in question appear to have been filed in the recent past and Government machinery needs some reasonable time for consideration thereof; he also points out that the Petitioner has filed this Writ Petition on 05.01.2019 and before the ink of the pleadings dries up, he wants the relief which is too early to be mentioned. However, graciously he submits that, there would be no impediment for consideration of the said applications in accordance with law, if a reasonable period is prescribed by this Court. The stand of the Respondents is fair.
In the above circumstances, this Writ Petition succeeds in part; a Writ of Mandamus issues to the Respondents to consider Petitioner’s applications dated 20.12.2018 and 28.12.2018 at Annexures - B and B1 to the Writ Petition respectively, within an outer limit of three weeks and further to inform the Petitioner of the result of such consideration, forthwith.
It is hoped that during the pendency of the said applications, no coercive action would be taken by the concerned, except on the authorization of law.
No costs.
Sd/- JUDGE cbc/SJ