IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.16505/2019 (MV) BETWEEN:
SRI LATE P.R. RAMESH S/O LATE P.M.RANGANATH SRI HANUMAN MOTOR SERVICE SIRA MAIN ROAD, SIRA-572137 TUMAKURU DISTRICT.
[SINCE DECEASED REP. BY LEGAL HEIR] SMT R.PUSHPA W/O LATE P.R.RAMESH AGED 52 YEARS SRI HANUMAN MOTOR SERVICE SIRA MAIN ROAD, SIRA-572137 TUMAKURU DISTRICT. …PETITIONER (BY SRI C.M.S. SHARIFF, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY TUMKUR REGIOIN REGIONAL TRANSPORT OFFICE PUNE-BENGALURU ROAD TUMKURU-572101 BY ITS SECRETARY.
2. THE SECRETARY REGONAL TRANSPORT AUTHORITY TUMKUR REGION REGIONAL TRANSPORT OFFICE PUNE-BENGALURU ROAD TUMKURU-572101. …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE APPLICATION DATED 07.06.2014 FOR THE GRANT AND ISSUE OF RENEWAL OF PERMIT VIDE ANNEXURE-A AND APPLICATION FOR TRANSFER OF PERMIT DATED 29.02.2016 VIDE ANNEXURE-B IN RESPECT OF THE STAGE CARRIAGE PERMIT No.21/90-91, VALID TILL 23.06.2014 FOR THE ROUTE KUDUR TO TUMAKURU AND BACK, WITHOUT CONDUCTING JOINT ROUTE SURVEY, AND TO CONSIDER THE SAME FORTHWITH.
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 respondents.
2. The petitioner has sought for a writ of mandamus directing the respondents to consider the application dated 07.06.2014 for the grant and issue of renewal of permit vide Annexure-A and application for transfer of permit dated 29.02.2016 vide Annexure-B in respect of the stage carriage permit No.21/90-91, valid till 23.06.2014 for the route Kudur to Tumakuru and back.
3. It is the grievance of the petitioner that the subject relating to the permit of the petitioner has been deferred by the respondent No.1 – Regional Transport Authority for want of Route Survey. It is submitted that by virtue of the notifications issued by the Government of Karnataka dated 28.09.2017 and 07.03.2019, no Joint Route Survey is necessary since the permit of the petitioner is saved under the said notifications and accordingly seeks for a direction to the respondents to consider the application submitted for renewal of permit.
4. Learned Additional Government Advocate fairly submits that the application submitted by the petitioner shall be considered in accordance with law within a time frame.
5. In view of the aforesaid, the writ petition stands disposed of directing the respondent No.1 – Regional Transport Authority to consider the application dated 07.06.2014 submitted by the petitioner for the grant and issue of renewal of permit vide Annexure-A and application for transfer of permit dated 29.02.2016 vide Annexure-B in respect of the stage carriage permit No.21/90-91 in accordance with law and a decision shall be taken keeping in mind the notifications issued by the Government of Karnataka dated 28.09.2017 and 07.03.2019 in an expedite manner in any event not later than twelve weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.