IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT W.P.No.6514 OF 2019 (MV) BETWEEN SMT. SHARADAMMA, W/o. LATE V.VENKATARAMANAPPA, AGED ABOUT 66 YEARS, RESIDENT OF RAGUTTAHALLI VILLAGE & POST, CHINTAMANI TALUK, CHICKBALLAPURA DISTRICT-563 123. ... PETITIONER (BY SRI. V.SUBASH REDDY, ADVOCATE) AND 1. THE STATE OF KARNATAKA, TRANSPORT DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE KARNATAKA STATE TRANSPORT AUTHORITY, BMTC-TMCC BUILDING, K.H.ROAD, BENGALURU -560 027 REPRESENTED BY ADDITIONAL COMMISSIONER TRANSPORT & SECRETARY. ... RESPONDENTS (BY SRI. V. SHIVAREDDY, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE APPLICATIONS, FORM KMC-36-B DTD:16.10.2018 FILED BY THE PETITIONER SEEKING RENEWAL OF HER STAGE CARRIAGE PERMITS BEARING NO’S 58/98-99 COVERED BY MOTOR VEHICLES KA-40/416 AND PERMIT PST.PS.66/98-99 COVERED BY MOTOR VEHICLES KA-40/5123 ON THE INTER STATE ROUTES B.KOTHAKOTA TO CHINTAMANI VIDE ANNEXURE-D AND D1 AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The short grievance of the petitioner, a stage carriage permit holder, is against the non-consideration of her renewal applications both evenly dated 16.10.2018 seeking renewal of her stage carriage permits bearing No.58/98/99 in respect of her motorcycle bearing No.KA-40/416 and also the renewal of the Permit No.66/98-99 in respect of the other vehicle bearing Registration No.KA-40/5123 at the hands of the 2nd respondent herein.
2. On request, learned HCGP Sri.V.Shivareddy, having accepted notice for the official respondents submits that there would be no much difficulty for consideration of the said representations if the petitioner agrees to co-operate by producing the relevant documents or furnishing relevant information as may be sought for, by the answering respondents. The prayer of the petitioner is innocuous and the stand of the State is fair.
3. In view of the above, this Writ Petition succeeds in part; Writ of Mandamus issues to the respondents to consider petitioner’s representations dated 16.10.2018 at Annexures – D & D1 within three weeks, in accordance with law, and further, to inform the petitioner the result of such consideration, forthwith.
It is open to the 2nd respondent to solicit any information or documents from the side of the petitioner as may be required for due consideration of her representations, however, subject to the rider that no delay shall be brooked in the guise of such solicitation.
Costs made easy.
cbc SD/- JUDGE