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2025 DAILYLAW 28760 (KAR)

RAHATH TIMBERS v. THE STATE OF KARNATAKA

WP/16791/2025 · 2025-06-12

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20052 WP No. 16791 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16791 OF 2025 (GM-RES) BETWEEN: 1. RAHATH TIMBERS, 4TH BLOCK, KEB PP ROAD, GONICOPPAL, KODAGU, KARNATAKA - 571 213. REP BY ITS PROPRIETOR MOHAMED ABDULLA SHAMEER, (REGISTERED UNDER KARNATAKA GOODS AND SERVICES ACT 2017). 2. WOODLAND TIMBERS, 391/1, HOLLEKARE SHIVAPPA, NELIHUDIKERI VILLAGE AND POST BARADI, MADIKERI, KODAGU, KARNATAKA - 571 253. REP BY ITS PROPRIETOR HOLLEKARE SHIVAPPA MANJU, (REGISTERED UNDER KARNATAKA GOODS AND SERVICES ACT 2017). …PETITIONERS (BY SRI. PAVANA B K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, KARNATAKA STATE DISASTER MANAGEMENT AUTHORITY, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20052 WP No. 16791 of 2025 M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. DEPUTY COMMISSIONER AND THE PRESIDENT OF REGIONAL TRANSPORT AUTHORITY, KODAGU DISTRICT, MADIKERI, KODAGU - 01. 3. REGIONAL TRANSPORT OFFICER, KODAGU DISTRICT, MADIKERI, KODAGU - 01 4. SUPERINTENDENT OF POLICE, KODAGU DISTRICT, MADIKERI, KODAGU - 01. 5. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, MADIKERI, KODAGU - 01. …RESPONDENTS (BY SRI. RAHUL KARIAPPA. K.S, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION, QUASHING THE IMPUGNED ORDER BEARING NO. AADESHA SAM MAG/RTA/01/2025-26 DATED 23/05/2025 (ANNEXURE-A) PASSED BY THE RESPONDENT NO. 2 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., - 3 - HC-KAR NC: 2025:KHC:20052 WP No. 16791 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned Additional Government Advocate accepts notice for the respondents. 2. The petitioners have called in question, the order at Annexure - A whereby restriction had been imposed on transport to vehicles above 18,500 kilograms (kgs). Reference is made in the order to the provisions of the Motor Vehicles Act, Section 31 of the Karnataka Police Act 1963, Section 33 of the Disaster Management Act 2005, Section 115 of the Motor Vehicles Act 1988 and Rule 221(A)(5) of the Motor Vehicle Rules, 1989 as also Section 144 of the Code of Criminal Procedure (BNSS). 3. Learned counsel for the petitioners submits that amendment has been made by the Government on 10.06.2025 which provides for an exemption till - 4 - HC-KAR NC: 2025:KHC:20052 WP No. 16791 of 2025 20.06.2025 with respect to vehicles transporting timber or logs of wood. 4. Learned Additional Government Advocate submits that in terms of the amendment of 10.06.2025, copy of which is placed along with the memo, petitioners may take benefit as is permissible till 20.06.2025. 5. Learned counsel for the petitioners submits his grievance for the present has been addressed. Accordingly, the present petition is disposed off as not calling for any adjudication. Needless to state the applicability of the amendment is with respect to transportation of already cut trees. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA