IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.5711 OF 2018 (MV) BETWEEN:
SRI.O.NAGENDRAIAH, S/O OBALAPPA, AGED 64 YEARS, R/A BEHIND MUNICIPAL OFFICE, VINAYAKA BADAVANE, HOSADURGA, CHITRADURGA DISTRICT – 577 527.
….PETITIONER (BY SRI.LOKESH R., ADV.,) AND:
1. THE REGIONAL TRANSPORT AUTHORITY, CHITRADURGA REGION, RTO OFFICE, TURUVANUR ROAD, CHITRADURGA – 577 501.
BY ITS SECRETARY.
2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CHITRADURGA REGION, RTO OFFICE, TURUVANUR ROAD, CHITRADURGA – 577 501.
...RESPONDENTS (BY SRI.DILDAR SHIRALLI, HCGP FOR R1 AND R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT AUTHORITIES TO ACCEPT THE PENALTY AS DIRECTED IN THE W.P. 13677/2017 DATED 12.04.2017 VIDE ANNEXURE – A TO THE WRIT PETITION AND TO CONSIDER THE DIRECTIONS IN ACCORDANCE WITH LAW DUE TO SUBSEQUENT NOTIFICATION OF THE GOVERNMENT DATED 28.09.2017 VIDE ANNEXURE – E AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the parties.
2. This is the second round of litigation as far as the request of the petitioner to grant time for replacing the vehicle covered with the permit No.16/2001-02 on the route Khandenahalli to Challakere and back which was valid upto 22.11.2008 is concerned. This Court in writ petition No.13677/2017 passed an order on 12.04.2017 observing that no extension of time could be granted for replacement of vehicle when the permit is not in force, directed the respondents to consider the application for renewal if, filed by the petitioner within two weeks from the date of receipt of a copy of the order with penalty of `25,000/- and if it is held that the petitioner is entitled for renewal, then as a consequence thereof, the petitioner’s case was directed to be considered for replacing the vehicle documents.
3. Indeed this order was a fresh lease of life to the petitioner, but the petitioner failed to avail the same. Again this writ petition is filed seeking for a direction to the respondent authorities to accept the penalty as a direction passed in writ petition No.13677/2017 dated 12.04.2017. No fault can be found with the endorsement dated 30.01.2018 issued by respondent No.2, whereby the application filed by the petitioner for replacement of the vehicle has been cancelled for non compliance of the order of this Court dated 12.04.2017.
4. In the circumstances, no further extension of time could be granted by this Court to comply with the order of this Court passed in writ petition No.13677/2017 at this length of time. No grounds made out by the petitioner to interfere with the order passed at Annexure-D.
The writ petition is bereft of merits and accordingly stands dismissed.
Sd/- JUDGE GH