IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.34050/2019(MV) BETWEEN:
SRI RAGHAVENDRA S/O PUTTASWAMY AGED ABOUT 36 YEARS R/O NO.135, ANEKERE ROAD NEAR KAAKA MASZID MANDYA MANDYA DISTRICT – 571400. … PETITIONER (BY SRI.ANANDA SHETTY A, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF TRANSPORT MULTI STORIED BUILDING DR. B R AMBEDKAR VEEDHI BENGALURU – 560 001.
2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY MANDYA, MANDYA DISTRICT-571400.
3. THE INSPECTOR OF MOTOR VEHICLES, THE REGIONAL TRANSPORT AUTHORITY MANDYA MANDYA DISTRICT – 571400. ... RESPONDENTS (BY SRI E.S. INDIRESH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD.10.07.2019 VIDE ANNEXURE – E, WHICH IS REFUSING TO RENEW THE FITNESS CERTIFICATE FOR THE REASON THAT THE VEHICLE NO.KA-10-B-5454 IS NOT WITHIN THE 15 YEARS OLD FROM THE DATE OF ITS REGISTRATION, AND THE IMPUGNED CIRCULAR DTD.14.02.2019 ISSUE DBY THE GOVERNMENT OF KARNATAKA AS PRODUCED AT ANNEXURE – F.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, petitioner has prayed for the following reliefs:
(1) Issue a Writ of Certiorari, Order or direction, to quashing the impugned endorsement dated 10/07/2019 vide Annexur e- E, which is refusing to renew the fitness certificate for the reason that the vehicle No.KA-10-B-5454 is not within the 15 years old from the date of its registration, and the impugned circular dated 14.02.2019 in No.SARIE/343/SAAEPA/2018 vide Annexure – F in the interest of justice and equity.
(2) To grant such other appropriate relief as this Hon’ble Court deems fit under the circumstances of the case, in the interest of justice and equity.
2. In identical matter, in Writ Petition Nos.21991/ 2019 and connected matters disposed of on 20.08.2019, this Court has set-aside the Circular bearing No. SRE 343 SEP 2018 dated 14.2.2019. Hence, question of quashing once again the very same Circular does not arise. Insofar as endorsement dated 10.07.2019 (Annexure ‘E’), is set-aside in terms of the order passed in WP No.21991/2019. Accordingly, present petition stands disposed of in terms of the aforesaid decision.
Sd/-
JUDGE Brn