IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.51667/2019 (MV) BETWEEN:
SRI. MEER ASGAR HUSSAIN S/O MEER ABDUL SALAM AGE ABOUT 60 YEARS BUS OPERATOR DIMOND HOUSE, K.R. PURAM SHIVAMOGGA – 577201.
... PETITIONER [BY SRI MOHAMED SUBHANULLA SHARIEF C, ADV.] AND:
THE SECRETARY REGIONAL TRANSPORT AUTHORITY SHIVAMOGGA REGION SHIVAMOGGA – 577201.
…RESPONDENT [BY SRI SHIVA PRABHU S. HEREMATH, AGA] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT DATED 28.11.2019 PRODUCED AT ANNEXURE – D IN REFUSING TO RENEW THE FITNESS CERTIFICATE IN VIEW OF THE CIRCULAR DATED 14.02.2019.
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.
Learned counsel appearing for the parties submit ad idem that the issue involved in this writ petition is squarely covered by the order of this Court in W.P.No.21991/2019 and allied matters (D.D. 20.08.2019) which has been followed by this Court in similar other matters.
2. The said submission is placed on record.
3. Accordingly, the endorsement dated 28.11.2019 at Annexure – D is set aside. The respondent shall reconsider the matter and take a decision in accordance with law for granting permission inasmuch as the request of the petitioner seeking renewal of fitness certificate. 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 PMR