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2025 DAILYLAW 57988 (KAR)

MANGALURU AUTORICKSHAW DRIVERS AND OWNERS ASSOCIATION v. THE REGIONAL TRANSPORT OFFICER

WP/24730/2025 · 2025-08-19

Ravi V Hosmani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32094 WP No. 24730 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 24730 OF 2025 (MV) BETWEEN: 1. MANGALURU AUTORICKSHAW DRIVERS AND OWNERS ASSOCIATION, HAMPANAKATTA MANGALURU, D K DISTRICT 575 001, BY ITS PRESIDENT M.CHANDRA SHEKAR, S/O MUDURA POOJARY, AGED ABOUT 59 YEARS, REGISTERED UNDER CO-OP. SOCIETY ACT. 2. DAKSHINA KANNADA AUTORICKSHAW DRIVERS AND OWNERS ASSOCIATION, JEPPU KUDPADI ROAD, JEPPU, MANGALURU 575 001, BY ITS PRESIDENT, BHARATH KUMAR, AGED ABOUT 42 YEARS, S/O KAMALAKSHA, REGISTERED UNDER CO-OP. SOCIETY ACT. …PETITIONERS [BY SRI NAGESHA M.E., ADVOCATE (PH)] AND: 1. THE REGIONAL TRANSPORT OFFICER AND THE SECRETARY, RTA DK , MANGALURU - 575 001. 2. THE DISTRICT MAGISTRATE AND CHAIRMAN RTA, D.K., MANGALURU, D K DISTRICT 575 001. …RESPONDENTS [BY SMT.VAHEEDA, AGA FOR R1 TO R2 (PH)] Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32094 WP No. 24730 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) CALL FOR RECORDS B) ISSUE A WRIT OF PROHIBITION DIRECTING THE 1ST RESPONDENT NOT TO ALLOW THE FRESH ELECTRIC AUTORICKSHAW VEHICLES TO OPERATE IN MANGALURU CITY UNTIL FRESH NOTIFICATION IS PASSED UNDER SECTION 115 OF THE MOTOR VEHICLES ACT, 1988C) ISSUE OF A WRIT OF MANDAMUS CONSIDERING THE REPRESENTATION GIVEN BY THE PETITIONERS ON 09.07.2025 AS PER ANNEXURE - G, D) AND FOR ANY ORDER OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT TO PASS IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This writ petition is filed seeking for following reliefs: a) Call for records; b) Issue a Writ of Prohibition directing the 1st respondent not to allow the fresh electric autorickshaw vehicles to operate in Mangaluru City until fresh Notification is passed under Section 115 of the Motor Vehicles Act, 1988; c) Issue a Writ of Mandamus considering the representation give by the petitioners on 09.07.2025 as per Annexure-G and etc. 2. Sri Nagesha M.E., learned counsel for petitioners submitted, prayer (a) in writ petition is given up for present and that proceedings are presently pending before District Magistrate - respondent no.2 in pursuance of Annexure-F, - 3 - HC-KAR NC: 2025:KHC:32094 WP No. 24730 of 2025 petitioners would be satisfied, if prayer for consideration of petitioner’s representation dated 09.07.2025 at Annexure-G by respondent no.2 within time limit is examined. 3. Smt.Vaheeda, learned Additional Government Advocate for respondents would submit that if representation is not already considered, it would be considered in accordance with law within reasonable time. 4. In view of above and since writ petition is filed seeking for writ of mandamus for consideration of petitioner's representation at Annexure-G and same appears pending before respondent no.2, it would be appropriate to dispose of writ petition by directing respondent no.2 - District Magistrate to consider Annexure-G as expeditiously as possible within period of two weeks from date of receipt of certified copy of order. Needless to state that result of consideration to be informed to petitioner. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 18