IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION Nos.7408-7438 OF 2019 (MV) BETWEEN:
1. SMT SHOBHA, D/O. SRI ASHWATHAPPA, AGED ABOUT 28 YEARS, NO.135/B,"MANI NILAYA", 2ND CROSS, NARASIMAIAH LAYOUT, RAMAMURTHYNAGAR, BENGALURU NORTH, DOORAVANINAGAR, BENGALURU-560 016.
2. SMT. NARASAMMA, W/O. SRI NARASIAH, AGED ABOUT 32 YEARS, NO.231, 8TH MAIN,SUBEDARPALYA, YESHWANTHPUR, BENGALURU-560 022.
3. SMT. H.PUTTAMMA, W/O. SRI. CHANDRA, AGED ABOUT 33 YEARS, NO.49/1, NEAR CHURCH STREET, BASAVANAPURA, GOTTIGERE, BENGALURU-560 083.
4. SMT. SUDHA, D/O. SRI. SIDDARAMAIAH, AGED ABOUT 41 YEARS, NO.36, 2ND MAIN ROAD, MUNISHWARA BLOCK, BENGALURU-560 086.
5. SMT SULOCHANA, W/O. SRI. CHANDRA, AGED ABOUT 35 YEARS, NO.41, 4TH CROSS, YADALAMMA NAGAR, VASANTHAPURA, SUBRAMANYAPURA, BENGALURU-560 061.
6. MS. THAMEENA SIDDIQUA, W/O. MR. SYED FAREED PASHA, AGED ABOUT 24 YEARS, NO.20/1, FIRST FLOOR, 8TH MAIN, MATADAHALLI, R.T.NAGAR, BENGALURU-560 032.
7. SMT. V.G.SHANTHI, W/O. SRI. GOVINDARAJU, AGED ABOUT 39 YEARS, NO.32/64, SHIVU LAYOUT, RING ROAD, MARIYAPPANAPALYA, BENGALURU SOUTH, BENGALURU-560 056.
8. SMT. SHANTHI, W/O. SRI. DEVARAJU, AGED ABOUT 51 YEARS, NO.96, RANGAPPA GARDEN, T.G.PALYA, K.R.PURAM, BENGALURU-560 036.
9. SRI. MALLIKARJUN MADANNAVAR, S/O. SRI. BASAPPA, AGED ABOUT 31 YEARS, NO.399, 4TH CROSS, CHICKAMARANAHALLI, DEVASANDRA, BENGALURU-560 054.
10. SRI. M.MAHESH, S/O. LATE SRI. MAHADEVAPPA, AGED ABOUT 29 YEARS, KADUGOLLAHALLI, MUNDUR, BENGALURU SOUTH, BENGALURU-560 049.
11. SRI. L.S.RAJU, S/O. SRIKANTACHARI, AGED ABOUT 39 YEARS, NO.2073, "MANJUNATHA NILAYA", CHELUVAIAH ROAD, R.M.NAGAR, VIJINAPURA, BENGALURU-560 016.
12. SRI. T.V.VISHAL, S/O. SRI. T.C.VIJAYAKUMAR, AGED ABOUT 24 YEARS, NO.154/132, ARUNDATHINAGAR, SUN CITY ROAD, K.S.TOWN, BENGALURU-560 060.
13. SRI. S.LOKESH, S/O. SRI. R.SHIVAPPA, AGED ABOUT 29 YEARS, NO.873, 2ND CROSS, OLD BYAPPANAHALLI, M.S.NAGAR, BENGALURU-560 033.
14. SRI. G.OMESH, S/O. SRI. GALLI HANUMAIAH, AGED ABOUT 37 YEARS, NO.215,BAJANEMANE BEEDHI, NELAGADARANAHALLI, BENGALURU NORTH, NAGASANDRA, BENGALURU-560 073.
15. MR. IMRAN PASHA, S/O. MR. AMEER PASHA, AGED ABOUT 38 YEARS, NO.213, SAHUKAR GALLI, D.J.HALLI, BENGALURU-560 045.
16. SRI. N.C.RAMESHA RAO, S/O. SRI. CHINNAJI RAO, AGED ABOUT 37 YEARS, NO.68/1,4TH CROSS, 1ST MAIN, NAGANATHAPURA, ELECTORNIC CITY, BENGALURU SOUTH, BENGALURU-560 100.
17. MR. HANEEF PASHA, S/O. MR. NAWAZ, AGED ABOUT 33 YEARS, NO.123, A-BLOCK, 3RD CROSS, SUBASHNAGAR, BEGUR, BENGALURU-560 068.
18. MR. MOHAMMED ASADULLA S/O. MR. MOHAMMED AMANULLA, AGED ABOUT 35 YEARS, NO.416,14TH CROSS, ILIYAS NAGAR, J.P NAGAR, BENGALURU SOUTH, BENGALURU-560 078.
19. MR. AFSAR PASHA, S/O. LATE MR. MOHAMMED ZIAUDDIN, AGED ABOUT 51 YEARS, M.O.S.COMPOUND, 2ND MAIN ROAD, PARVATHIPURA, BENGALURU SOUTH, BENGALURU-560 004.
20. SRI. S.SATHISH, S/O. SRI. S.SHANKAR, AGED ABOUT 22 YEARS, NO.26,SAW MILL ROAD, COTTONPET, CHICKAPET, BENGALURU-560 053.
21. SRI. RAJU, S/O. SRI. MUNISWAMAIAH, AGED ABOUT 29 YEARS, NO.13, KATHALEPALYA, KODIYALA, KARENAHALLI, BENGALURU.
22. SRI. S. JAYARAM S/O. SRI. SINGE GOWDA, AGED ABOUT 45 YEARS, NO.279/88, 6TH CROSS, ITTAMADU, BANASHANKARI 3RD STAGE, BENGALURU-560 085.
23. SRI G.M. RAJA, S/O SRI MUNIGAIAH, AGED ABOUT 48 YEARS, NO.248, AMBEDKAR NAGAR, NEAR YELLAMMA TEMPLE, BOMMANAHALLI, BENGALURU-560 068.
24. SRI. SHIVANNA, S/O. SRI. SANNE GOWDA, AGED ABOUT 36 YEARS, NO.1403, WELL HOUSE, BEHIND BEGUR HIGH SCHOOL, BENGALURU-560 068.
25. SRI. M.ARUNKUMAR, S/O. SRI. MANI, AGED ABOUT 31 YEARS, NO.218, BANGI COLONY, MYSURU ROAD, BENGALURU SOUTH, BENGALURU-560 053.
26. SRI. M.PRASAD, S/O. SRI. MUNIYAPPA SHETTY, AGED ABOUT 22 YEARS, NO.225/04, NEAR HORIZAN SCHOOL, MUNISHWARA LAYOUT, NEAR ELECTORNIC CITY, DODDATHOGUR, BENGALURU-560 100.
27. SRI. K.RAMU, S/O. SRI. DASHARATHA RAO, AGED ABOUT 37 YEARS, NO.68/2, 9TH CROSS, 5TH MAIN, RAMACHANDRA AGRAHARA, CHAMARAJAPET, BENGALURU SOUTH, BENGALURU-560 018.
28. MR. FAROOK, S/O. MR. MUNAVAR, AGED ABOUT 31 YEARS, NO.149, 5TH CROSS, BABU REDDY LAYOUT, R.T.NAGAR POST, BENGALURU-560 032.
29. MR. S.FAZALUR REHAMAN, S/O. MR. ABDUL SATTAR, AGED ABOUT 31 YEARS, NO.139, 5TH CROSS, KUSHALANAGAR, BENGALURU-560 045.
30. SRI. BABU, S/O. SRI. MEJANA, AGED ABOUT 41 YEARS, NO.4, GHOUSE COMPOUND, OKALIPURAM, BENGALURU-560 021.
31. SRI. M.KARTHIK, S/O. SRI.MURUGESH, AGED ABOUT 32 YEARS, NO.9, SECOND FLOOR, 1ST MAIN ROAD, SHAMANNA GOWDA LAYOUT, ULSOOR, BENGALURU-560 008. ... PETITIONERS (BY SRI. B R SUNDARARAJA GUPTA, ADVOCATE) AND 1. THE REGIONAL TRANSPORT AUTHORITY, BENGALURU URBAN, "KANDHAYA BHAWANA" K.G.ROAD, BENGALURU-560 009.
2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, (AUTHORICKSHAW PERMITS AND STU) SHANTHINAGARA, BENGALURU-560 027. ... RESPONDENTS (BY SRI. V. SHIVAREDDY, HCGP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ENTERTAIN THE APPLICATIONS OF THE PETITIONERS FOR GRANT OF AUTORICKSHAW CAB PERMITS TO PLY WITHIN BBMP LIMITS IN RESPECT OF VEHICLES ALREADY REGISTERED AS PER ANNEXURES-A1 TO A31 AND CONSIDER THE SAID APPLICATIONS ON MERITS IN ACCORDANCE WITH LAW AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The short grievance of the petitioners is against non- receipt of their application for grant of Auto rickshaw cab permits. The petitioners grieve that the tender of their application is not being accepted by the respondent No.2 for consideration at all and this is militantly against the pith and substance of Article 19(1)(g) of the Constitution of India.
2. Sri V.Shivareddy, learned HCGP on request having accepted the notice for respondents fairly submits that although there is no material placed on record to prima facie establish the version of the petitioners, still respondent No.2 shall receive the applications to be filed by the petitioners in the prescribed form along with the required documents and also the fees if any, and further, the said applications shall be processed in accordance with law within a period of six weeks. The grievance of the petitioners is short and the stand of the respondent is fair.
3. In the above circumstances these writ petitions succeed; a Writ of Mandamus issues to respondent No.2 to receive and accept the applications, if filed by the petitioners in the prescribed form, and further, the same shall be processed in accordance with law.
4. It is open to respondent No.2 to solicit any information or documents as are required for due consideration of their applications for grant of auto rickshaw cab permits, however, in the guise of such solicitation, no delay shall be brooked.
Time for compliance is six weeks. Costs made easy.
Sd/- JUDGE DS/-