IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT W.P.NO.65 OF 2019 (MV) BETWEEN SRI. H.C. GIRISH, S/O CHANNAVEERAIAH, AGED ABOUT 45 YEARS, BUS OPERATOR, #132, 1ST MAIN, 5TH CROSS, 9TH BLOCK, 2ND STAGE, SRI. VINAYAKA LAYOUT, NAGARABHAVI, BENGALURU-560 072. ... PETITIONER (BY SRI.C. MOHAMED SUBHANULLA SHARIFF, ADVOCATE) AND THE REGIONAL TRANSPORT AUTHORITY, RAMANAGARA DIVISION, REGIONAL TRANSPORT OFFICE, RAMANAGARA-571 511.
BY ITS SECRETARY. ... RESPONDENT (BY SRI.V. SHIVAREDDY, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE APPLICATION DATED 08.12.2014 FOR THE GRANT OF VARIATION AS SOUGHT IN THE APPLICATION VIDE ANNEXURE-B IN RESPECT OF THE PERMIT NO.09/98-99, VALID TILL 01.07.2023 FOR THE ROUTE UJJANI TO BENGALURU AND BACK, AND TO CONSIDER THE SAME FORTHWITH AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The Petitioner, who is the holder of stage carriage permit No.09/1998-1999 i.e., valid till 01.07.2023 for the route Ujjani to Bangalore and back, is before this Court with a grievance that the application in respect of variation of conditions of permit at Annexure - B has not been considered and that there is no justification whatsoever for such non-consideration by the answering respondent.
2. The learned High Court Government Pleader on request having accepted notice for Respondent fairly submits that there will be no impediment for consideration of Petitioner’s application, if a reasonable period is prescribed by this Court therefor, in accordance with law. The fairness of the State is placed on record.
3. In view of the above, this Writ Petition succeeds in part; a Writ of Mandamus issues directing the Respondent to consider Petitioner’s application in respect of variation of conditions of permit in Form No.KMV 36-A dated NIL at Annexure - B, within a period of eight weeks, in accordance with law and to inform the Petitioner of the result of such consideration, forthwith.
It is open to the Respondent to seek or solicit any information or documents from the side of the Petitioner, as are necessary, for due consideration of his application.
No costs.
Sd/- JUDGE cbc/SJ