IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION NO.22867 OF 2019(MV) BETWEEN:
Mr. Mateenulla, S/o. N.S.Khaleelulla Aged about 40 years, Residing at No.525, K.K.Manzil, Nangali Village and Post, Mulbagal Taluk, Kolar District-563 132.
(By Sri. Subhash Reddy V, Advocate) AND :
1. The State of Karnataka, Transport Department, M.S.Building, DR.B.R.Ambedkar Veedhi, Bengaluru-560 001, Represented by its Principal Secretary.
... Petitioner 2. The Karnataka State Transport Authority BMTC-TMCC building, K.H.Road, Bengaluru-560 027, Represented by its Secretary.
3. The Regional Transport Authority, Kolar District, Kolar -563 101 Represented by its Secretary and RTO (By Smt. H.C.Kavitha, HCGP) … Respondents This Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to quash the circular dated 14.02.2019 in (vide Annexure-G) issued by respondent No.1 and issue a mandamus to the respondent No.3 Authority to consider the petitioner’s application dated 23.04.2019 vide Annexure-D seeking renewal of fitness certificate for further period and etc., This Writ Petition coming on for Orders, this day, the Court made the following:
O R D E R The petitioner has filed a memo seeking disposal of the writ petition which reads thus:
“The petitioner in the above case craves the leave of this Hon’ble Court to withdraw the 1st, 3rd and 4th prayers, challenging the Circular No.SARIE 343, dated 14.02.2019, (vide Annexure-G), and confines to his 2nd prayer in the writ petition seeking direction to consider his application seeking renewal fitness certificate (vide Annexure-D), pending before the 3rd respondent – RTO- Kolar.
It is most respectfully prayed that the 3rd respondent-RTO-Kolar, be directed to consider the petitioner’s application, filed in Form KMV-20, dated 23.04.2019, (vide Annexure-D), which is pending consideration at the earliest, in the interest of justice and equity.”
2. The learned Government Pleader has no objection to consider the petitioner’s application in accordance with law within a time frame.
3. In view of the aforesaid, writ petition stands disposed of with direction to the third respondent-RTO- Kolar to consider the application of the petitioner seeking renewal of Fitness Certificate relating to vehicle No.KA-07/A-4005 in accordance with law and the decision shall be taken in an expedite manner, in any event, not later than four weeks from the date of receipt of certified copy of the order and ordered accordingly.
The writ petition stands disposed of in terms of the above.
Sd/- JUDGE ag