IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2017 BEFORE:
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION No.54050/2017 (MV) BETWEEN:
Smt.Rehana Begum, Age 45 years, W/o Shaik Shafiulla, No.33, 11th Cross, Shampur Main Road, Next to Ashrafiya Mosque, Near Dr.Ambedkar Medical College, R.T.Nagar Post, Bengaluru – 560 032.
... Petitioner [By Sri.M.E.Nagesh, Advocate] AND:
The State Transport Authority BMTC Buildings, K.H. Road, Bengaluru – 560 027 By its secretary …Respondent [By Sri.V.Shiva Reddy, HCGP) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of mandamus to the respondent to consider the application of the petitioner as per Annexure-A filed for variation of condition of permit No.PSTS 12/2013, etc.
This Petition Coming on for Preliminary Hearing, this day, the court made the following:-
O R D E R Heard. Issue Notice to the Respondent. Learned High Court Government Pleader accepts notice for Respondent.
2. Though this Writ Petition is listed for Preliminary hearing, with the consent of learned counsel on both sides, it is taken up for final disposal.
3. Petitioner has sought a direction to Respondent/Transport Authority to consider his application dated 14.03.2017, a copy of which is at Annexure-A.
4. Learned Counsel for Petitioner submits that application dated 12.04.2017 has been filed for Extension of route from Kamasamudram to Patrapalli (before crossing) and deviation from Kamasamudram to Doddapanandahalli (before crossing) of Permit No.P.S.T.S.12/2013 valid upto 26.05.2018, a copy of which is at Annexure-B.
5. Learned Counsel further submits that though application has been filed in March 2017, Respondent/Transport Authority has not taken any steps to consider the same. In the circumstances, a direction is sought in this writ petition.
6. Learned Government Pleader submits that if this Court is to direct Respondent/Authority to consider the application within the time frame, then the same would be considered in accordance with law.
7. In the circumstances, Respondent/Transport Authority is directed to consider the application filed by Petitioner herein [Annexure-A] in accordance with law within a period of four months from the date of receipt of certified copy of this order.
With the aforesaid observations/directions, Writ Petition is disposed.
Sd/- JUDGE dn/-