IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION NO.10412/2019 (MV) Between:
Sri. S.Ramakrishnan, S/o Subbarathnam, Aged about 65 years, Bus Operator, Kuvempu Extension, Chamarajanagar, Chitradurga District. …Petitioner (By Sri.A.S.Parasara Kumar, Adv.,) And:
The Secretary, Regional Transport Authority, Chamarajanagar Region, Chamarajanagar – 560 007. ...Respondent (By Sri.Dildar Shiralli, HCGP) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent to consider the representation filed on 04.12.2018 vide Annexure – K within 30 days from the date of receipt of order of this Hon’ble Court.
This petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER Heard.
Issue notice to the respondent.
Learned HCGP accepts notice for the respondent.
2. Though this writ petition is listed for preliminary hearing, with consent of the learned counsel on both sides, it is heard finally.
3. Petitioner has sought a direction to the respondent to consider his representation dated 04.12.2018, a copy of which is at Annexure `K’, within a period of 30 days from the date of receipt of the order of this Court.
4. It is the case of the petitioner that one Smt.
Kamalamma was the holder of stage carriage permit No. 25/99-2000 issued on 20.07.1999 in substitution of old permit No.111/1962-63 by the Road Transport Authority (RTA), Chamarajanagar. The permit was transferred in the name of Sri. C.S.Basavaraju, son of late Kamalamma, said to be the proprietor of Shankar Motor Service, Chamarajanagar, by the respondent by proceedings dated 07.05.2003 and an endorsement dated 09.05.2003 was issued. The petitioner is the owner of vehicle bearing N. TN-36/K-6313 which was registered on 29.03.2007 under the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as the `Act’ for the sake of brevity), having seating capacity of 48+2. According to the petitioner, tax has been paid from time to time on the said vehicle and the fitness certificate has also been renewed and is valid upto 28.02.2019. It is stated that tax has been paid upto 31.05.2018. The vehicle is also validly insured with Oriental Insurance Company Limited for the period 28.02.2018 to 27.02.2019. That there was an agreement between the permit holder – C.S.Basavaraju and the petitioner with regard to lease of the vehicle. However, the lease of the vehicle has also expired in the year 2015. Despite the above circumstances, an application was filed by the permit holder to renew the permit from 19.07.2014 to 19.07.2019. The same was considered and an endorsement of renewal was issued on 05.07.2014 as per Annexure `H’. It is also averred that the petitioner has surrendered the vehicle on 31.05.2018 for the purpose of tax exemption. Although tax upto 31.05.2018 was tendered, the vehicle is not in operation with effect from 01.06.2018. It is the case of the petitioner that the permit holder has not sought for operation on the route nor extended the lease agreement. In the circumstances, the petitioner has made a representation for release of the vehicle. The grievance of the petitioner is, the same has not yet been considered.
5. I have heard learned counsel for the petitioner and the learned HCGP for the respondent, and perused the material on record.
6. It is noted that Annexure `K’ representation has been made by the petitioner to the respondent on 04.12.2018. The grievance of the petitioner is that the said representation has not yet been considered. It is submitted at the bar that the permit holder is not operating the service and the lease agreement entered into between the permit holder and the petitioner has also expired long time back. In the circumstances, petitioner being the owner of the vehicle has sought release of the vehicle bearing No. TN-36/K-6313 from permit No.25/99-2000. Since representation dated 04.12.2018 made in the form of an application before the respondent has not yet been considered, the respondent is directed to consider the same expeditiously and in accordance with law, within a period of one month from the date of receipt of certified copy of this order.
With the aforesaid observations and directions, the writ petition is disposed.
Sd/- JUDGE mgn/-