IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION No.54199 OF 2018 (MV) BETWEEN:
Sri S.Swaraj, S/o. T. Sathyanarayana, Aged about 47 years, Maruthi Motor Service, No.299, Vinaya Marga, Siddarthanagar, Mysore-570 001.
(By Sri. S.V.Krishnaswamy, Advocate) AND:
Regional Transport Authority, Chamarajanagar – 571 313, Chamarajanagar District, By its Secretary.
(By Sri.V.Shivareddy, HCGP) …Petitioner …Respondent This Writ Petition is filed under Articles 226 and 227 of The Constitution of India praying to direct the respondent herein to consider and dispose off the application for variation of he conditions of permit as in Annexure-A dated 28/3/2006 and as reminded on 19.9.2018.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER The short grievance of the petitioner who happens to be a stage carriage permit holder, is against the non-
consideration of representation dated 28.03.2006 at Annexure-A followed by the reminder dated 19.09.2018 at Annexure-C. Learned counsel for the petitioner submits that there is absolutely no justification whatsoever for keeping the representation unconsidered, despite a reminder and therefore, is it is compelled to approach the Court.
2. Sri. V.Shivareddy , learned HCGP on request having accepted notice for the respondent fairly submits that the representation in question shall be considered by the Jurisdictional Authority, if a reasonable period is prescribed by this Court and the petitioner co-operates in furnishing the necessary information and documents as are required for such consideration. The stand of the respondent Authority is fair.
3. In view of the above, this Writ Petition succeeds in part; a Writ of Mandamus issues to the respondent to consider petitioner’s representation dated 28.03.2006 at Annexure-A within an outer limit of four weeks in any circumstance and further to make known to the petitioner the result of such consideration, forthwith.
4. It is open to the respondent-Authority to solicit any information or copies of the documents from the side of the petitioners as are required for due consideration of the representation in accordance with law, subject to the rider, in that guise the delay shall not be brooked.
Sd/- JUDGE DS/-