IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.11389/2019 (MV) BETWEEN:
SYED SAJID SHAIK S/O SYED SHIAK SAB AGE: 49 YEARS D.NO.21/541/21C, MADANAGIRI STREET ADHONI, KURNOOL DISTRICT ANDHRA PRADESH. … PETITIONER (BY SRI. SRIKANTH A AND SRI M R V ACHAR, ADVS) AND:
1. THE STATE OF KARNATAKA TRANSPORT DEPARTMENT M S BUILDING BENGALURU – 560 001.
BY ITS DEPUTY SECRETARY.
2. THE ADDL. COMMISSIONER FOR TRANSPORT AND SECRETARY STATE TRANSPORT AUTHORITY I FLOOR, TTMC BUILDING SHANTHINAGAR, K H ROAD BENGALURU – 560 027. ... 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 CIRCULAR PASSED BY THE 1ST RESPONDENT DATED 14.02.2019 AS PER ANNEXURE – D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, petitioner has prayed for the following reliefs:
(1) Call for the entire records (2) Issue a writ of certiorari quashing the Circular passed by the 1st respondent in its No.SARIE/343/SAEPA/2018 dated 14.2.2019 as per Annexure – D (3) Quash the endorsement passed by the 2nd respondent in its No.STA- 6/CS/PR-416/18-19 dated 26.2.19 as per Annexure – E.
(4) Issue a writ of mandamus to the 2nd respondent to consider the application filed by the petitioner for counter signing the spare bus permit which has been covered by the vehicle No.AP.21.TD.6090 without reference to the Circular.
(5) Pass any other relief as this Hon’ble Court may deems fit to grant under the facts and 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 No. STA-6/CS/PR-416/18-19 dated 22.2.19 (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. Further, concerned authority is hereby directed to consider the grievance of the petitioner for grant of temporary/permanent permit in accordance with the existing provision. Accordingly, Writ Petition stands disposed of.
Sd/-
JUDGE Brn