IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION NO.10210/2019 (MV) Between:
Smt.Latha, W/o Sri.C.Ramesh, Aged about 38 years, Prop: A.T.R.N.S. Motor Service, P.B. Road, Channagiri, Davanagere District.
Represented by her General Power of Attorney Holder, Sri.C.Ramesh, S/o Aneppa, Residing at P.B.road, Channagiri, Davanagere District. …Petitioner (By Sri.A.S.Parasara Kumar, Adv.,) And:
1. The Regional Transport Authority, Opp: Superintendent of Police Office, Devaraj Urs Road, Davanagere.
Represented by its Chairman.
2. The Secretary, The Regional Transport Authority, Opp: Superintendent of Police Office, Devaraj Urs Road, Davanagere. ...Respondents (By Sri.Dildar Shiralli, HCGP for R1 and R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-1 to consider the written submission filed on 27.12.2014 received through inward No.8142 and the representation dated 07.09.2018 vide Annexure – E & F within 30 days from the date of receipt of the order of this Hon’ble Court and etc., This petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER Heard.
Issue notice to the respondents.
Learned HCGP is permitted to take notice for respondent Nos. 1 and 2.
2. Though this writ petition is listed for preliminary hearing, with the consent of the learned counsel on both sides, it is heard finally.
3. Petitioner has sought a direction to the first respondent to consider the written statement filed on 27.12.2014 and representation dated 07.09.2018 vide Annexures - E and F within a time frame to be fixed by this Court.
4. It is the case of the petitioner that she was granted a stage carriage permit in subject No.8/03-04 dated 07.02.2005 and the second respondent assigned the timings for the operation of the said stage carriage. The petitioner was operating on the route upto 11.12.2012. She filed an application for renewal of the permit before the first respondent for a further period from 11.04.2012 to 10.04.2017. The said matter was pending consideration. In the meanwhile, the petitioner filed an application under Section 87(1)(d) of the Motor Vehicles Act, 1988, for grant of temporary permit, pending consideration of the application for renewal of the permit. According to the petitioner, the same was considered and a temporary permit No.66/12-13 was granted for the period 12.07.2012 to 31.10.2012. The petitioner subsequently made one more application for grant of temporary permit and the same was granted. The grievance of the petitioner however is, her application for renewal of the permit from 11.04.2017 to 11.04.2022, made on 28.08.2018 has not yet been considered. Hence, a direction is sought in that regard.
5. I have heard the learned counsel for the petitioner and the learned HCGP for the respondents and perused the material on record.
6. Petitioner’s counsel submits that the application filed on 28.08.2018 and subsequent representations made by the petitioner have not been considered and there has been no renewal of the permit for the period 11.04.2017 to 11.04.2022 till date. Hence, a direction may be issued in that regard.
7. Learned HCGP submits that if this Court were to issue a direction, the same would be complied with in accordance with law.
8. In the circumstances, the first respondent is directed to consider the application made by the petitioner seeking renewal of permit for the period from 11.04.2017 to 11.04.2022 dated 28.08.2018, in accordance with law and in an expeditious manner. The said consideration shall be made within a period of three months from the date of receipt of certified copy of this order.
With the aforesaid observations and directions, the writ petition is disposed.
Sd/- JUDGE mgn/-