IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.26541/2019 (MV) BETWEEN:
SMT.REHANA BEGUM W/O SHEIK SHAFIULLA AGED 42 YEARS No.33, NEW No.8, 11TH CROSS, SHAMPUR MAIN ROAD, NEXT TO ASHRAFIYA MOSQUE R.T.NAGAR POST, BANGALORE-560032.
(BY SRI M.E.NAGESH, ADV.) AND:
1. THE COMMISSIONER FOR TRANSPORT AND CHAIRMAN STA, TTMC BUILDING, K.H.ROAD, BENGALURU-560027 2. THE REGIONAL TRANSPORT AUTHORITY BY ITS SECRETARY KOLAR-563101 3. THE SECRETARY REGIONAL TRANSPORT AUTHORITY KOLAR-563101 4. HABEEBULLA KHAN S/O BAKSHU KHAN AGED 71 YEARS No.786, FORT, KOLAR-563101.
…PETITIONER …RESPONDENTS (BY SRI SHIVAPRABHU S. HIREMATH, AGA FOR R-1 TO R-3;
SRI C.V.KUMAR, ADV. FOR R-4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO 3 TO TAKE ACTION AGAINST THE ILLEGAL OPERATION OF THE SERVICE OF THE R-4 UNDER PERMIT No.2/2003-04 COVERED WITH THE VEHICLE No.KA-11/A-5666 FOR THE ROUTE KOLAR TO BENGALURU AND BACK 4 SINGLE TRIPS AS PER ANNEXURES-E & F.
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 sought for a direction to respondent Nos.1 to 3 to take action against the illegal operation of the service of respondent No.4 under permit No.2/2003-04 covered with the vehicle No.KA- 11/A-5666 for the route Kolar to Bengaluru and back 4 single trips as per Annexures – E and F.
2. Learned counsel for respondent No.4 has filed a detailed statement of objections. It is contended that respondent No.4 is operating the vehicle in question on the basis of the temporary permit issued by the competent authority. Copy of the said temporary permit is also placed on record.
In view of the aforesaid, the writ petition being bereft of merit stands dismissed.
Sd/- JUDGE PMR