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2025 DAILYLAW 34957 (KAR)

SRI.G.N.THIPPESWAMY v. THE SECRETARY

WP/34848/2024 · 2025-06-27

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22602 WP No. 34848 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 34848 OF 2024 (MV) BETWEEN: SRI.G.N.THIPPESWAMY S/O SRI. O.NAGENDRAIAH, AGED ABOUT 44 YEARS, PROP: SLN MOTOR SERVICE, VINAYAKA EXTENSION, HOSADURGA-577 501, CHITRADURGA DISTRICT. …PETITIONER (BY SRI. A.S.PARASARA KUMAR., ADVOCATE) AND: 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, TURUVUNUR ROAD, CHITRADURGA-577 501. 2. SRI. G.K.RAJU S/O KRISHNAPPA, AGED ABOUT 55 YEARS, BUS-OPERATOR, UPPIRIGENAHALLI POST, HOLALKERE TALUK-577 501. CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI. RAJAKUMAR.M., AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22602 WP No. 34848 of 2024 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, 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 respondent No.1 have appeared in person. Though the petition is listed today for preliminary hearing, with the consent of counsel for the respective parties, it is heard. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the endorsement issued by the first respondent dated 19.09.2022 in renewing the permit No.5/2007-08 from 06.10.2022 to 05.10.2027 vide Annexure-C and to remand the matter to the first respondent to reconsider the endorsement by giving an opportunity to the petitioner and pass orders in accordance with the law. 3. Counsel Sri.A.S.Parasara Kumar., submits that as against the impugned endorsement, an appeal lies under Section 89(1) of the Motor Vehicles Act, 1988. Hence, he submits that an appropriate order may be passed. - 3 - HC-KAR NC: 2025:KHC:22602 WP No. 34848 of 2024 The oral submission made by counsel for the petitioner is placed on record. 4. The Writ Petition is disposed of directing the petitioner to avail the alternate statutory appeal remedy. The authority concerned may consider the time spent by the petitioner before this Court while entertaining the application. All the contentions of the parties are kept open. The Registry concerned is hereby directed to return the original certified copy of the Annexure-C by replacing the same with Xerox copy. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 2