IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.32192/2019 (MV) BETWEEN:
K.MANJUNATH S/O P.M.KOTRAIAH AGED ABOUT 60 YEARS NO.27/9, 5TH TEMPLE ROAD MALLESWARAM, BENGALURU-560003. ... PETITIONER (BY SRI. B.R.S. GUPTA, ADVOCATE ) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT M.S.BUILDING, DR AMBEDKAR VEEDHI BENGALURU-560001.
2. THE ADDITIONAL COMMISSIONER & SECRETARY KARNATAKA STATE TRANSPORT AUTHORITY TTMC BUILDING, 1ST FLOOR KENGAL HANUMANTAIAH ROAD SHANTHINAGAR, BENGALURU-560027. ... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR RRESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE PETITIONER’S APPLICATION FOR RENEWAL OF THE PERMIT NO.MAXI 1065/2009-10 MARKED ANNEXURE-C WITHOUT INSISTING UPON THE MODEL OF THE VEHICLE ON MERITS IN ACCORDANCE WITH LAW IN AN EARLY DATE AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, petitioner has prayed for the following reliefs:
(1) Quash the circular bearing No.SRE 343 SEP 2018 dated 14.2.2019 marked under Annexure D.
(2) Issue a writ in the nature of mandamus directing the 2nd respondent to consider the petitioner’s application for renewal of the permit No.Maxi 1065/2009-10 without insisting upon the model of the vehicle on merits in accordance with law in an early date and grant such other reliefs in the interest of justice and equity.
2. In identical matter, in Writ Petition Nos.21991/ 2019 and connected matters disposed of on 20.08.2019, this Court has set-aside the Circular bearing No. SRE 343 SEP 2018 dated 14.2.2019. Hence, question of quashing once again the very same Circular does not arise. Consequently, present petition stands disposed of in terms of the order passed in Writ Petition No.21991/2019 and connected matters decided on 20.08.2019. Further, respondent No.2 is hereby directed to consider the petitioner’s application for renewal of permit in accordance with the existing provision. Accordingly, Writ Petition stands disposed of.
Sd/-
JUDGE rs