SMT. SUMITHRAMMA v. THE ADDITIONAL COMMISSIONER FOR TRANSPORT AND SECRETARY
WP/21010/2024 · 2025-06-10
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30611 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30611 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19688 WP No. 21010 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 21010 OF 2024 (MV) BETWEEN:
1. SMT. SUMITHRAMMA W/O LATE C.MALLESH, AGED ABOUT 75 YEARS, R/AT C.M.C.COMPOUND, GOWRIPET, KOLAR-563 101. 2. SRI. C.M.SHAILENDRA S/O LATE C.MALLESH, AGED ABOUT 57 YEARS, R/AT C M C COMPOUND, GOWRIPET, KOLAR-563 101. …PETITIONERS (BY SRI. LOKESH.R., ADVOCATE)
AND:
1. THE ADDITIONAL COMMISSIONER FOR TRANSPORT AND SECRETARY, THE KARNATAKA STATE TRANSPORT AUTHORITY, TTMC "A" BLOCK, I FLOOR, BMTC BUILDINGS, K.H.ROAD, SHANTHINAGAR, BENGALURU-560 027. 2. SRI. MALLAPPA S/O LATE C.M.CHIKKANNA, AGED ABOUT 64 YEARS, R/AT 279, II MAIN, ACHALAPPA LAYOUT, KACHARAKANA HALLI, BENGALURU-560 084. …RESPONDENTS (BY SMT. RANSA VASANTHI.D.L., HCGP FOR R1;
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:19688 WP No. 21010 of 2024
SRI. M.E.NAGESH., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Lokesh.R., counsel for the petitioners, Smt.Ransa Vasanthi.D.L., HCGP for respondent No.1 and Sri.M.E.Nagesh., counsel for respondent No.2 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing respondent No.1 authority to consider the objections filed by the petitioners through post on 24.04.2023 to the transfer obtained by the second respondent marked as Annexure-D to the Writ Petition after considering the procedure under Rule-82(3) of the KMV Rules in the matter of transfer of permit within 30 days from the date of receipt of the order so far as petitioners are concerned. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 3 -
HC-KAR NC: 2025:KHC:19688 WP No. 21010 of 2024
Counsel for the petitioner submits that a representation is made to the Secretary, Karnataka State Transport Authority, Bengaluru. Hence, an appropriate order may be passed. Counsel Sri.M.E.Nagesh., on instruction submits that the second respondent is the permit holder and before considering the representation of the petitioner, an opportunity may be accorded to the second respondent to urge all contentions including the maintainability. Counsel therefore, submits that an appropriate order may be passed.
The oral submission made by counsel for the respective parties is placed on record. 4. The Writ Petition is disposed of directing the authority concerned to consider the representation submitted by the petitioner. The second respondent is at a liberty to file objections. The authority is directed to consider the objections and the contentions that would be urged by the second respondent and dispose of the representation within four weeks thereon. - 4 -
HC-KAR NC: 2025:KHC:19688 WP No. 21010 of 2024
Needless to observe that this Court has not expressed any opinion on the merits of the case. All the contentions of the parties are kept open. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 68