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.49793/2019 (MV) BETWEEN:
S.S.ANNAIAH S/O SHANKARAPPA NAIKA, AGED ABOUT 62 YEARS, BUS OWNER, SHARAVATHINAGARA SHIVAMOGGA – 577201. …PETITIONER (BY SRI M.E.NAGESH, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO TRANSPORT DEPARTMENT M.S.BUILDING, Dr. B.R.AMBEDKAR VEEDHI, BENGALURU-560001 2. THE COMMISSIONER FOR TRANSPORT TTMC BUILDING, K.H.ROAD, BENGALURU-560027 3. THE REGIONAL TRANSPORT OFFICER & REGISTERING AUTHORITY, SHIVAMOGGA-577201 4. THE INSPECTOR OF MOTOR VEHICLES, OFFICE OF THE REGIONAL TRANSPORT OFFICER, SHIVAMOGGA-577201. …RESPONDENTS (BY SRI E.S.INDIRESH, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE R-3 THE REGIONAL TRANSPORT AUTHORITY SHIVAMOGGA DATED 30.09.2019 AS PER ANNEXURE-F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for the respondents.
2. The petitioner has challenged the endorsement dated 30.09.2019 passed by the respondent No.3 as per Annexure-F to the writ petition inter alia seeking a direction to the respondent Nos.3 and 4 to consider the prayer for renewal of fitness certificate of the vehicle No.KA-19/AE-7333 as per Annexure-E dated 23.09.2019.
3. Learned counsel for the petitioner placing reliance on the order of the Cognate Bench of this Court in W.P.Nos.21991/2019 and allied matters [D.D. 20.08.2019] would submit that the circular dated 14.02.2019 and the consequential endorsements issued by the authorities has been quashed by this Court. The said order has been brought to the notice of the respondent authorities as per the representation dated 23.09.2019 but in vain. Hence, this writ petition.
4. Learned Additional Government Advocate fairly and rightly submits that the matter is squarely covered by the order of this Court referred to supra.
5. In view of the aforesaid, it is ex-facie apparent that the circular dated 14.02.2019 on the basis of which the endorsement impugned has been issued as per Annexure-F was the subject matter of writ petition Nos.21991/2019 and allied matters referred to supra and this Court has set aside the said circular. Hence, the endorsement impugned deserves to be set aside.
Accordingly, the endorsement dated 30.09.2019 at Annexure-F stands quashed. The respondent Nos.3 and 4 shall consider the request of the petitioner for renewal of fitness certificate of the vehicle in question in an expedite manner in any event not later than two weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions writ petition stands disposed of.
Sd/- JUDGE NC.