- 1 - NC: 2025:KHC:2839 WP No. 33405 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 33405 OF 2024 (MV) BETWEEN: SRI G K RAJU S/O KRISHNAPPA AGED ABOUT 55 YEARS, BUS OPERATOR, UPPIRIGENAHALLI POST, HOLALKERE TALUK - 577 501 CHITRADURGA DISTRICT. …PETITIONER (BY SRI. LOKESH R., ADVOCATE) AND: 1. THE SECRETARY REGIONAL TRANSPORT AUTHORITY, TURUVUNUR ROAD, CHITRADURGA - 577 501. 2. SRI G N THIPPESWAMY S/O SRI O NAGENDRAIAH, PROP.: SLN MOTOR SERVICE, VINAYAKA EXTENSION, HOSADURGA - 577 501 CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI. S.H.RAGHAVENDRA, AGA FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR ENTIRE RECORDS; QUASH THE ORDER/ENDORSEMENT PASSED BY THE R-1 DTD 15.04.2023 IN RENEWING THE PERMIT NO.5/2007-08 FROM 08.08.2022 TO 7.08.2027 VIDE ANNEXURE-C; REMAND THE MATTER TO THE R-1 TO RECONSIDER THE ORDER/ENDORSEMENT DTD Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2839 WP No. 33405 of 2024 15.04.2023 VIDE ANNEXURE-C BY GIVING AN OPPORTUNITY TO THE PETITIONER AND PASS ORDERS IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Advocate appearing for respondent No.1. 2. The present petition is filed challenging the order dated 15.04.2023 renewing the transport permit issued in favour of respondent No.2. 3. Learning Additional Government Advocate raises an objection to the maintainability of the petition on the premise that the order renewing the permit is appealable under Section 89 of the Motor Vehicles Act, 1988 ('the Act' for short). 4. Any person aggrieved by the order granting, rejecting or renewing the permit can prefer an appeal before - 3 - NC: 2025:KHC:2839 WP No. 33405 of 2024 the Appellate Authority as prescribed under Section 89 of the Act. The Rule 88 of the Karnataka Motor Vehicles Rules, 1989 provides for an appeal, within 30 days from the date of the receipt of the copy of the order. No provision is made under the Act or Rules for condonation of delay in filing the appeal. However, in such a situation, Section 5 of the Limitation Act can be invoked for filing an appeal in case there is a delay. 5. It is not forthcoming from the impugned Annexure - C as to on which date the petitioner received the copy of the said order. If the copy of the said order is received, within 30 days from the date of filing of the petition i.e., 21.11.2024, then the petitioner is at liberty to file an appeal, within 15 days from the date of the receipt of the copy of this order, in which event the appeal shall be entertained without reference to the provision relating to the limitation. 6. If the copy of the order at Annexure - C is received 30 days prior to the filing of the writ petition, then the petitioner has to file an application for condonation of delay explaining the reasons. - 4 - NC: 2025:KHC:2839 WP No. 33405 of 2024 7. Under these circumstances, the petition is disposed of reserving liberty to the petitioner to approach the Appellate Authority under section 89 of the Act. 8. The time spent in prosecuting the present writ petition from 21.11.2024, till this date, has to be excluded in computing the limitation, if any. 9. The Registry to return the original or certified copy of Annexure – C, if any, produced before this Court. 10. It is made clear that nothing is expressed on the merits of the matter. Sd/- (ANANT RAMANATH HEGDE) JUDGE KG List No.: 1 Sl No.: 21