IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF DECEMBER 2017 BEFORE THE HON'BLE Mrs.JUSTICE B.V.NAGARATHNA WRIT PETITION NO.51653/2017 ((MV) BETWEEN SRI THIMMAPPA H R S/O T RAMESHAPPA AGED ABOUT 55 YEARS R/A NEAR WATER TANK ROAD HIRIYURU CHITRADURGA DISTRICT-572143 (BY SRI LOKESH R, ADVOCATE) AND ... PETITIONER 1. THE REGIONAL TRANSPORT AUTHORTIY CHITRADURGA REGIONA RTO OFFICE TURUVANUR ROAD CHITRADURGA-577501 BY ITS SECRETARY 2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY RTO OFFICE, TURUVANUR ROAD CHITRADURGA-577501 ... RESPONDENTS (BY SRI S.CHANDRASHEKARAIAH, HCGP FOR R1 & R2 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO CONSIDER THE DIRECTION OF THE HON'BEL TRIBUNAL IN A 595/2004 DATED 11.8.2004 AT ANENX-A TO W.P. AND TO DISPOSE OF THE MATTER AS PER DIRECTION OF THE HON'BLE HIGH COURT IN W.P. 13094/2005 DATED 13.6.2005 AT ANNEX-B TO THE ABOVE W.P. AND TO CONSIDER THE SAME IMMEDIATELY IN ACCORDANCE WITH LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY THE COURT PASSED THE FOLLOWING :
ORDER Though this Writ Petition is listed for Preliminary Hearing in ‘B’ Group, with the consent of the learned Counsel on both sides, it is heard finally.
2. Petitioner has sought a direction to the first respondent-Regional Transport Authority to consider the directions issued by the Tribunal in Appeal No.595/2004 dated 11.08.2004, a copy of which is at Annexure ‘A’ and to dispose of the matter in accordance with the directions issued by this Court in W.P.No.13094/2005 disposed of on 13.06.2005. A copy of the said order is at Annexure ‘B’.
3. Learned Counsel for the petitioner submits that the Tribunal in Appeal No.595/2004 has remanded the matter for reconsideration after giving an opportunity to the permit holder i.e., the petitioner herein. That the petitioner had filed W.P.No.13094/2005 against the said order before this Court. This Court has disposed of the said writ petition by directing the respondent No.1 herein to dispose of the matter after hearing the petitioner in accordance with law and within a period of one month from the date of communication of the letter of the learned HCGP who was directed to communicate to the respondent No.1 about the said order.
4. Learned Counsel for the petitioner submits that despite a direction issued by this Court, the first respondent- Authority has not considered the petitioner’s case. In the circumstances, he seeks a direction in that regard.
5. Learned HCGP submits that if a direction is to be issued by this Court, the same would be considered in accordance with law.
6. In the circumstances, the respondents-authorities are directed to consider the case of the petitioner in terms of the directions issued by this Court and also by the Tribunal in Appeal No.595/2004 in accordance with law and to pass a speaking order thereon. While considering the case of the petitioner, the respondents are also directed to bear in mind the order passed in R.P.No.158/2005 by the Karnataka State Transport Appellate Tribunal on 17.11.2005. The said exercise shall be completed within a period of four months from the date of receipt of a certified copy of this order.
With the aforesaid observations and directions, the writ petition is disposed.
Sd/- JUDGE JT/-