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2025 DAILYLAW 73392 (KAR)

SRI.P.N.NARASIMHAMURTHY v. THE REGIONAL TRANSPORT AUTHORITY

WA/912/2025 · 2025-12-11

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52529-DB WA No. 912 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 912 OF 2025 (MV) BETWEEN: 1. SRI P.N. NARASIMHAMURTHY S/O LATE PALAVALLI ADHISHESHAIAH AGED ABOUT 76 YEARS R/AT SRI VATHSANKITHA NILAYA SRI VIJAYALAKSHMI MOTORS PRASHANTH NAGAR BEHIND CHANDANAHALLI ROAD DEVARAYAPATNA NEW EXTENSION TUMKUR - 572 104 …APPELLANT (BY SRI R. LOKESH, ADVOCATE) AND: 1. THE REGIONAL TRANSPORT AUTHORITY TUMKUR REGION, RTO OFFICE B.H. ROAD, TUMKUR - 572 201 BY ITS SECRETARY 2. KARNATAKA STATE ROAD TRANSPORT CORPORATION BY ITS MANAGING DIRECTOR CENTRAL OFFICES, K.H. ROAD SHANTHINAGAR BENGALURU - 560 027 …RESPONDENTS (SMT. NAMITHA MAHESH B.G, AGA FOR R-1) Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52529-DB WA No. 912 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED 27.03.2025 IN WRIT PETITION No. 7089/2023 AND ALLOW THE WRIT PETITION. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 27.03.2025 passed by the learned Single Judge of this Court in Writ Petition No.7089/2023 (MV). In terms of the impugned order, the learned Single Judge has rejected the said petition which in turn was filed impugning an order dated 28.02.2022 passed by the Karnataka State Transport Appellate Tribunal in Appeal No.51/2022. The learned Single Judge had upheld the decision that the appellant is required to satisfy the authority at the threshold for seeking renewal of permit after a lapse of one and a half decades. 2. The appellant had filed Appeal No.51/2022 before the Tribunal challenging the proceedings of the meeting dated - 3 - HC-KAR NC: 2025:KHC:52529-DB WA No. 912 of 2025 08.04.2022, whereby the appellant's application for renewing Permit No.96/1999-2000 for the route Tumakuru to Gowribidanur was rejected. 3. The Tribunal found that under the New Comprehensive Area Scheme for the entire State of Karnataka, the existing permits with trips and vehicles in respect of which permits were issued by the transport authorities, as in operation on 18.12.2014, are saved. However, the appellant's permit had expired on 27.09.2004. 4. The appellant had applied for renewal on 03.09.2018. As on 18.12.2014, the cut-off date fixed under the New Comprehensive Area Scheme, the appellant's application for renewal of the permit was not pending. Thus, the said application was not saved. 5. As noted above, the appellant had impugned the order dated 28.02.2022 passed by the Tribunal by filing a petition under Article 226 and 227 of the Constitution. 6. A plain reading of the petition indicates that it is essentially a petition under Article 227 of the Constitution invoking this court's supervisory jurisdiction. The impugned order cannot be considered as an order passed in exercise of original jurisdiction as held by a - 4 - HC-KAR NC: 2025:KHC:52529-DB WA No. 912 of 2025 Seven Judge Bench of this Court in Tammanna and others vs. Ms. Renuka and others: ILR 2009 KAR 1207. 7. In view of the said decision, the present appeal is not maintainable. Accordingly, the same is dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 14