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2025 DAILYLAW 75668 (KAR)
ALVAS COLLAGE (AUTONOMOUS) v. THE STATE OF KARNATAKA
WP/11444/2025 · 2025-07-23
Jyoti Mulimani
body2025
[ 2025 DAILYLAW 75668 (KAR) · dailylaw.ai ]
[ 2025 DAILYLAW 75668 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27823 WP No. 11444 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 11444 OF 2025 (MV)
BETWEEN:
ALVA'S COLLAGE (AUTONOMOUS), A UNIT OF ALVA'S EDUCATION FOUNDATION (R), SUNDARI ANANDA ALVA CAMPUS, MOODBIDRI-574 225, MANGALORE, D.K. BY PRINCIPAL. …PETITIONER (BY SRI. VEERESH.M.UPPIN., ADVOCATE FOR SRI. CHANDRANATH ARIGA.K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R.AMBEDKAR, BENGALURU-560 001. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF TRANSPORT, M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. 3. THE SECRETARY, DEPUTY TRANSPORT COMMISSIONER AND SENIOR REGIONAL TRANSPORT OFFICER, D.K., MANGALORE-575 001. …RESPONDENTS (BY SRI. RAJAKUMAR.M., AGA)
Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:27823 WP No. 11444 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Sri.Veeresh M.Uppin., counsel on behalf of Sri.Chandranath Ariga.K., for the petitioner and Sri.Rajakumar.M., AGA for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Endorsement dated 01.04.2025 issued by respondent No.3 in £ÀA:¥Áæ¸Á¥Áæ:zÀPÀ:ªÀÄA:©-3: CºÀðvÁ ¥ÀvÀæ: KA19C- 8515/2025-26 vide Annexure-D.
3. Counsel for the respective parties would fairly submit that the issue involved in the present Writ Petition is answered by the Co-ordinate Bench of this Court in SMT.SHARADAMMA Vs. STATE OF KARNATAKA AND OTHERS in W.P.No.21991/2019 and connected matters, disposed of on 20.08.2019, and they would submit that the
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HC-KAR NC: 2025:KHC:27823 WP No. 11444 of 2025
decision therein would squarely apply to the present case. Counsel therefore, submits that an appropriate order may be passed. 4. Heard the arguments and perused the Writ papers with utmost care. 5. In SHARADAMMA’s case cited supra, it is held that State is not empowered to issue Circular and impose condition that 15 years old vehicles are not entitled for renewal of permit as well as fitness. 6. Following the decision cited supra, the Writ Petition is allowed. The Endorsement dated 01.04.2025 issued by respondent No.3 in £ÀA:¥Áæ¸Á¥Áæ:zÀPÀ:ªÀÄA:©-3: CºÀðvÁ ¥ÀvÀæ: KA19C- 8515/2025-26 vide Annexure-D is quashed.
The third respondent is directed to consider the representation submitted by the petitioner vide Annexure-C for renewal of fitness within four weeks from the receipt of certified copy of this Order. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 22