IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50728/2019 (MV) BETWEEN:
SRI ABDUL SALEEM S/O SRI ABDUL KAREEM AGED ABOUT 40 YEARS, PROP: MERCHANT TRANSPORT HOSADURGA -577 527 …PETITIONER (BY SRI MOHAMED SUBHANULLA SHARIEF.C., ADV.) AND:
THE SECRETARY REGIONAL TRANSPORT AUTHORITY CHIKAMAGALURU REGION CHIKMAGALURU-577 101 …RESPONDENT (BY SRI SHIVAPRABHU S. HEREMATH, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO COMPLY THE DIRECTIONS ISSUED BY THE RTA VIDE SUBJECT IN SERIAL No.77 DATED 13.08.2018 VIDE ANNEXURE-B AND CONSIDER THE REPRESENTATION DATED 28.09.2019 VIDE ANNEXURE-C AND TO CONSIDER THE SAME IN THE ENSUING MEETING OR WITHIN 30 DAYS FROM THE DATE OF THE ORDER.
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 respondent.
2. The petitioner has sought for a writ of mandamus directing the respondent to comply with the directions issued by the Regional Transport Authority [RTA] vide subject Sl.No.77. RTA-1/Vari-05/2017-18 dated 13.08.2018 vide Annexure-B, considering the representation dated 25.09.2019 at Annexure-C to the writ petition.
3. The petitioner is the holder of stage carriage permit vide permit No.20/1996-97 valid till 04.07.2021 for the route Shringere to Bengaluru and back as per via places mentioned in the permit and is operating the said services.
4. The petitioner had filed application for the grant of variation of the permit and the same was considered by the RTA in its meeting held on 13.08.2018 and a decision was taken to assign the fresh timings. Despite the said resolution passed, the same has not been implemented. It is the grievance of the petitioner that the representation made to comply with the directions issued by the RTA has remained unconsidered. Hence, this writ petition.
5. Having regard to the facts and circumstances, this Court deems it appropriate to direct the respondent to consider the representation submitted by the petitioner dated 25.09.2019 at Annexure-C and take a decision, keeping in mind the resolution passed by the RTA on 13.08.2018. Compliance shall be made in an expedite manner in any event not later than four weeks from the date of receipt of certified copy of the order.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE NC.