- 1 - HC-KAR NC: 2025:KHC:21146 WP No. 8519 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 8519 OF 2025 (MV) BETWEEN: SMT. SHARADAMMA W/O. LATE C.H.H. NAYAKA, AGED ABOUT 63 YEARS, PROP: GADARI LINGESHWARA MOTORS, BURUJANA HATTI, CHITRADURGA-577 502. (PERMIT TRANSFERRED FROM LATE SRI. C.H.H. NAYAKA, HUSBAND OF PETITIONER W.E.F. 5.10.2010). …PETITIONER (BY SRI. A.S.PARASARA KUMAR., ADVOCATE) AND: 1. THE REGIONAL TRANSPORT AUTHORITY, OPP: SUPERINTENDENT OF POLICE, DEVARAJ URS LAYOUT, DAVANAGERE-577 002, REPRESENTED BY ITS CHAIRMAN. 2. THE SECRETARY, THE REGIONAL TRANSPORT AUTHORITY, OPP. SUPERINTENDENT OF POLICE, DEVARAJ URS LAYOUT, DAVANAGERE-577 002. …RESPONDENTS (BY SRI. RAJAKUMAR.M., AGA) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21146 WP No. 8519 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.A.S.Parasara Kumar., counsel for the petitioner and Sri.Rajakumar.M., AGA for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: I. Issue a Writ of Certiorari to quash the order/ endorsement passed by the second respondent in ¸ÀASÉå: ¥Áæ¸Á¥Áæ/zÁªÀ/gÀ.¸ÀA:70/2005-06/2024-25 dated 06.03.2025 in refuse to consider the application for temporary permit vide Annexure-AA. II. Direct the second respondent to consider the application filed for temporary permit under Form No.38 under Section 87(1)(d) for the period from 05.03.2025 to 04.07.2025 pending application for renewal of pucca permit No.70/2005-06 valid upto - 3 - HC-KAR NC: 2025:KHC:21146 WP No. 8519 of 2025 28.02.2011 to operate on the route Madralli to Chitradurga and back - 1 round trip, Chitradurga to Jagalur and back and Chitradurga to Chitradurga - 1 round trip vide Annexure-X. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that after the death of petitioner's husband, the permit was transferred in her name by the Regional Transport Authority. It was valid till 28.02.2011. The petitioner filed two applications on 10.04.2023 for renewal, but the Regional Transport Authority rejected the applications on 28.11.2024. Aggrieved by the same, the petitioner preferred an appeal before the Tribunal in Appeal No.215/2024 (MV). The Tribunal vide order dated 20.02.2025 allowed the appeal and remanded the matter to the RTA, Davanagere for reconsideration of renewal application filed by the petitioner. As the matter stood thus, when the renewal application is pending consideration, the petitioner filed another application on 03.03.2025 seeking temporary permit. However, an - 4 - HC-KAR NC: 2025:KHC:21146 WP No. 8519 of 2025 endorsement was issued on 06.03.2025 stating that there is no scope under Section 87(1)(d) of the Motor Vehicles Act, 1988 to consider the application for temporary permit. This is untenable. The reasons assigned in the endorsement is contrary to Section 87(1)(d) of the Act. The law is settled that whenever an application is made seeking temporary permit, pending decision on an application for the renewal of a permit, it is the duty of the authority to grant temporary permit to the permit holder. In the present case, it is not in dispute that after demise of petitioner's husband, the permit was transferred in her name and after the remand by the Tribunal, the application to consider the renewal of the permit is also pending. Hence, the Endorsement dated 06.03.2025 issued by the second respondent is liable to be quashed. 5. A Writ of Certiorari is ordered. The endorsement dated 06.03.2025 issued by the second respondent in ¸ÀASÉå: ¥Áæ¸Á¥Áæ/zÁªÀ/gÀ.¸ÀA:70/2005-06/2024-25 vide Annexure-AA is quashed. The second respondent is directed to consider the request of petitioner for temporary permit and pass orders in accordance with the law within seven days from the receipt of - 5 - HC-KAR NC: 2025:KHC:21146 WP No. 8519 of 2025 certified copy of this order. Furthermore, the first respondent is also directed to consider the renewal application in accordance with the law as expeditiously as possible. 6. Resultantly, the Writ Petition is allowed. Because of disposal of Writ Petition, pending interlocutory applications if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 50