BRUHAT BENGALURU CITY AUTO AND v. THE REGIONAL COMMISSIONER
WP/28299/2024 · 2025-02-07
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33481 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33481 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5596 WP No. 28299 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 28299 OF 2024 (GM-RES) BETWEEN:
BRUHAT BENGALURU CITY AUTO AND TAXI DRIVERS AND OWNERS SOCIAL WELFARE ASSOCIATION, BY ITS SECRETARY, SRI. MAHABOOB PASHA, S/O SHAIK AHAMED, AGED ABOUT 55 YEARS, R/AT NO. 445, 2ND FLOOR, BLOCK NO.13, K.H.B COLONY, LINGARAJAPURAM, BENGALURU - 560 084. …PETITIONER (BY SRI. KALEEMULLAH SHARIFF, ADVOCATE) AND:
1. THE REGIONAL COMMISSIONER FOR TRANSPORT, M.S. BUILDING, VIDHANA VEEDHI, BENGALURU - 560 001. 2. M/S BAJAJ MOTORS, AUTO RICKSHAW COMPANY, REGIONAL OFFICE, NO.74, 15TH CROSS, NEAR MANDOVI MOTORS, 3RD PHASE, J.P. NAGAR, BENGALURU - 560 076, BY ITS MANAGER. 3. ACETEC MOTORS PVT. LTD., NO.27/1, 4TH MAIN ROAD, Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:5596 WP No. 28299 of 2024 METRO LAYOUT, NAYANDANAHALLI, BENGALURU - 560 039, REPRESENTED BY ITS MANAGER. 4. SRI. AMBA BAJAJ AMBA AUTO SALES AND SERVICES PVT. LTD., NO. 907, GARVEBHAVIPALYA BUS STOP, HOSUR MAIN ROAD, BENGALURU - 560 008, BY ITS MANAGER. 5. KHIVRAJ MOTORS NO.38 AND 39, 2ND MAIN, SUDHAMANAGAR, LALBAGH ROAD, BENGALURU - 560 027, BY ITS MANAGER. RESPONDENT NO. 2 TO 5 ARE REGISTERED UNDER COMPANY'S ACT. …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS DIRECTION TO THE R-2 TO 4 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 15.11.2022 PRODUCED AT ANNX-C AND REPRESENTATION DATED 20.07.2023 PRODUCED AT ANX-C1 BY ISSUING A WRIT OF MANDAMUS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for respondent No.1. - 3 -
NC: 2025:KHC:5596 WP No. 28299 of 2024
2. Learned Additional Government Advocate raises a preliminary objection that the prayer in the writ petition is to direct respondent Nos.2 to 4, who are private entities, to consider the representation given by the petitioner who allege that respondent Nos.2 to 4 are charging in excess of what is permissible to be collected while selling the auto rickshaws.
Learned Additional Government Advocate submits that such a writ cannot be issued against private parties unless the petitioners are able to make out a case that the respondents have violated statutory provisions and the statutory authorities have not considered the grievance of the petitioners. 3. The submission of the learned Additional Government Advocate is upheld. The writ petition is accordingly dismissed while reserving liberty to the petitioner to approach the competent authority to redress their grievance. Sd/- (R DEVDAS) JUDGE rv