IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.29570/2019 (MV) Between:
Basavaraju, S/o B.M.Chikkabasappa, Aged about 56 years, No.68/2, Besagarahalli, Maddur Taluk, Mandya District – 571 428.
…Petitioner (By Sri.B.R.Sundara Raja Gupta, Adv.,) And:
The Regional Transport Officer, Mandya – 571 428.
...Respondent (By Smt. H.C. Kavitha, HCGP) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent to consider the petitioner’s application vide Annexure – A for renewal of fitness certificate in respect of Vehicle No.KA-11-D-7272 without insisting upon the model of the vehicle and etc., This petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER The learned High Court Government Pleader accepts notice for the respondent.
The petitioner has sought for a direction to the respondent to consider the petitioner’s representation for renewal of Fitness Certificate in respect of vehicle No. KA- 11-D-7272 without insisting upon the model of the vehicle.
2. Petitioner is said to be the registered owner of the vehicle KA-11-D-7272, for which the permit is valid up to 11.11.2023.
3. It is the grievance of the petitioner that on the application filed under the Karnataka Motor Vehicles Rules, 1989 for renewal of the fitness certificate in accordance with the scheme of the Motor Vehicles Act, 1988, by paying the prescribed fee, the respondent – authority has not acted upon. Hence, this writ petition.
4. Learned counsel for the petitioner placing reliance on the order of this Court in W.P.No.10600/2019 dated 2nd April, 2019, submits that the respondent – Authority is obligated to consider the application of the petitioner in terms of the order of this Court. Despite the same having brought to the notice of the authorities, no action has been taken to issue the fitness certificate to the vehicle in question.
5. Learned High Court Government Pleader appearing for the respondent would fairly and rightly submit that the authorities are bound to consider the application for renewal of fitness certificate as sought for by the petitioner, in accordance with law.
6. Having regard to the facts and circumstances of the case, the issue as regards the renewal of fitness certificate vis-à-vis the age of the vehicle has been considered by this Court in W.P.No.10600/2019 dated 2nd April, 2019, wherein it is held that no guidelines regarding the age of the vehicle can be enforced for renewal of Fitness Certificate.
7. In view of the same, the respondent – Authority is directed to consider the petitioner’s application for renewal of Fitness Certificate relating to the vehicle in question, in the light of the observations made by this Court referred to above, in an expedite manner.
With the aforesaid observations and directions, the writ petition is disposed of.
Sd/- JUDGE mgn/-