Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 34900 (KAR)

SMT PRABHAVATHAMMA v. THE REGIONAL TRANSPORT AURHTORITY

WP/30942/2024 · 2025-07-02

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:23564 WP No. 30942 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 30942 OF 2024 (MV) BETWEEN: SMT. PRABHAVATHAMMA W/O LATE H.N.MANJUNATH, AGED ABOUT 33 YEARS, BUS OPERATOR, ANNUVAYYANAGARANAHALLI, MUNGANAHALLI HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT - 562 101. …PETITIONER (BY SRI. A.S.PARASARAKUMAR., ADVOCATE) AND: 1. THE REGIONAL TRANSPORT AUTHORITY CHIKKABALLAPURA, SHIDLAGHATTA ROAD, PATRENAHALLI POST, CHIKKABALLAPURA TALUK AND DISTRICT - 562 101. REPRESENTED BY ITS CHAIRMAN. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CHIKKABALLAPURA, SHIDLAGHATTA ROAD, PATRENAHALLI POST, CHIKKABALLAPURA TALUK AND DISTRICT - 562 101. …RESPONDENTS (BY SRI. MANJUNATH.B., AGA) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23564 WP No. 30942 of 2024 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.Manjunath.B., AGA for the respondents have appeared in person. 2. The petitioner - Smt.Prabhavathamma is the daughter in law of one H.S.Narayan Swamy and he was the permit holder. The contention of the petitioner is that her father-in-law died on 21.11.2020 and his wife predeceased him on 09.11.2017 and petitioner's husband H.S.Manjunath also passed away on 08.06.2022. She moved applications seeking transfer of permit in her name, one was addressed to the Secretary, RTA and the other was addressed to the Regional Transport Authority. The grievance of the petitioner is that the Secretary instead of forwarding the application to the Regional Transport Authority, issued an endorsement. Hence, she is before this Court seeking appropriate relief. - 3 - HC-KAR NC: 2025:KHC:23564 WP No. 30942 of 2024 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The short controversy is about the applications filed by the petitioner for transfer of permit. Suffice it to note that two applications were filed viz., one to the Secretary and the other to the RTA. The Secretary, RTA ought to have forwarded the application to the Regional Transport Authority. Instead of doing so, he issued an endorsement, which is untenable in law. Hence, the endorsement issued is liable to be set-aside. The application filed by the petitioner before the Regional Transport Authority is pending consideration. Therefore, this Court deems it proper to direct the Regional Transport Authority to consider the representation submitted by the petitioner vide Annexure-S in accordance with the law within four weeks from the receipt of the certified copy of this order. The endorsement issued by the Secretary, Regional Transport Authority vide Annexure-T is quashed. 5. Resultantly, the Writ Petition is disposed of. - 4 - HC-KAR NC: 2025:KHC:23564 WP No. 30942 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.: 16