IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.15947/2019 (MV) BETWEEN:
KARNATAKA STATE TOURIST BUS OPERATORS ASSOCIATION (REGISTERED.), T-4, III FLOOR, SWASTIC MAHANANDI ARCADE, SESHADRIPURAM, BANGALORE-560 020, REP. BY ITS GENERAL SECRETARY, Mr. S.SADANANDA CHATRA. ... PETITIONER [BY SRI C.V.KUMAR, ADV.] AND:
1 . THE UNION OF INDIA BY THE SECRETARY TO THE GOVERNMENT OF INDIA, DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI-600 011.
2 . THE STATE OF KARNATAKA BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF TRANSPORT, VIDHANA SOUDHA, Dr. AMBEDKAR VEEDHI, BANGALORE-560 001.
3 . THE COMMISSIONER FOR TRANSPORT AND ROAD SAFETY T.T.M.C. BUILDING, K.H. ROAD, SHANTHINAGAR, BANGALORE-560 027, BY ITS SECRETARY …RESPONDENTS [BY SRI MADANAN PILLAI R., ADV. FOR R-1;
SRI SHIVA PRABHU S. HEREMATH, ADV. FOR R-2 & R-3.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER/ENDORSEMENT OF THE R-3 DATED 13.03.2019 ANNEXURE-E.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order/endorsement issued by respondent No.3 dated 13.03.2019.
2. Learned counsel for the petitioner has filed a memo along with the copy of the letter dated 15.07.2019 of the Government of India, whereby a direction is issued to the Department of Transport of all States regarding registration of sleeper coaches in vehicles complying to AIS-119 that in view of the notifications issued and amendments effected under the Central Motor Vehicles Rules, 1989 (‘CMVR, 1989’ for short), the Transport Departments are requested to facilitate compliance of Notifications dated 23.09.2016 and 28.11.2017 amending the provisions of Rules 125(C) and 128 of the CMVR, 1989.
3. The said memo is placed on record.
4. In view of the aforesaid, the order/endorsement impugned dated 13.03.2019 is set aside. The matter is remanded to respondent No.3 to reconsider the matter in the light of the directions issued by the Government of India as aforesaid. The compliance shall be made in an expedite manner, in any event, not later than four weeks from the date of receipt of the certified copy of the order.
The writ petition stands disposed of accordingly.
Sd/- JUDGE PMR