IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.65590/2016 (MV) BETWEEN :
SRI.D.M.SHIVAPRASAD S/O SRI.E.MALLIKARJUNAPPA AGED ABOUT 49 YEARS KALAPAVRUKSHA TRAVELS CHELUR ROAD, CHINTAMANI CHICKABALLAPURA DISTRICT PIN: 563125. ...PETITIONER (BY SRI.B.R.S.GUPTA, ADVOCATE) AND :
THE SECRETARY REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, B.D.A.COMPLEX KORAMANGALA, BENGALURU PIN: 560034. …RESPONDENT (BY SRI.VIJAYA KUMAR A.PATIL, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 06.12.2016 AT ANNMEXURE-E; DIRECT RESPONDENT TO GRANT TEMPORARY PERMIT UNDER SECTION 87(1)(d) PENDING RENEWAL OF PERMANENT PERMIT No.P.ST.P.10/98-9. ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is aggrieved by the order passed by the respondent, whereby the respondent has refused to grant temporary permit to the petitioner.
2. The petitioner had approached this Court in Writ Petition No.53906/2016 seeking a direction to the respondent to consider the representation for issue of temporary permit in relation to vehicle bearing No.KA-40/9095 covered with permit No.10/98-99 issued by the RTA, Bengaluru. This Court after hearing the parties, directed the respondent to consider the representation at an early date in accordance with law within a period of four weeks from the date of receipt of certified copy of the order, in pursuant to which, the respondent considered the representation and passed the endorsement/order dated 06.12.2016, which is impugned herein.
3. Indisputably, the application for grant of temporary permit under Section 87(1)(d) of the Motor Vehicles Act, 1988 was filed by the petitioner on 03.10.2016. It is obvious that the temporary permit may be granted by the Authorities for a temporary period, for a period not exceeding four months. In such circumstances, the application dated 03.10.2016 filed by the petitioner for issuance of the temporary permit do not survive for consideration.
Accordingly, the writ petition stands dismissed with liberty to the petitioner to file a fresh application for grant of temporary permit and if such an application is filed, the same shall be considered by the respondent in accordance with law and shall pass appropriate orders.
Sd/- JUDGE NC