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2025 DAILYLAW 78321 (KAR)

SALEEM KHAN v. THE SECRETARY

WP/22378/2025 · 2025-07-25

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28464 WP No. 22378 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 22378 OF 2025 (MV) BETWEEN: SALEEM KHAN AGE 56 YEARS, S/O LATE KAREEM KHAN, NO. 55, VANNARPET, VALARIAMMAN TEMPLE STREET, OPP: CANARA BANK, BENGALURU-560 047. …PETITIONER (BY SRI. NAGESH.M.E., ADVOCATE) AND: THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, TUMAKURU-572 103. …RESPONDENT (BY SRI. RAJAKUMAR.M., AGA) 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, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.M.E.Nagesh., counsel for the petitioner and Sri.Rajakumar.M., AGA for the respondent have appeared in person. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28464 WP No. 22378 of 2025 2. Though the matter is listed today for preliminary hearing, with the consent of counsel for the respective parties it is heard. 3. The captioned Writ Petition is filed seeking following reliefs: i) Call for records; ii) Issue a writ of mandamus directing the respondent, the Secretary, RTA, Tumakuru to assign the proposed timings dated 20.02.2024 as per Annexure-B to the Stage Carriage Permit No.30/91-92 valid upto 23.09.2026. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 5. It is stated that the petitioner is an existing stage carriage operator under permit No.30/91-92 valid up to 23.09.2026 for the route from Bengaluru to Mulbagal and on to Dharmapura. Having operated the service, the petitioner intended to change the timings as the present timings are not suitable to the traveling public and there are also overtaking of other services. Hence, he has filed an application for change of - 3 - HC-KAR NC: 2025:KHC:28464 WP No. 22378 of 2025 timings by way of variation of condition of permit under Section 80(3) of the Motor Vehicles Act, 1988. The request of the petitioner was placed before the RTA. 6. Counsel Sri.M.E.Nagesh., in presenting his arguments submits that the rival operators have filed objections to the proposed change of timings and no final decision is taken by the RTA as of today. Counsel, therefore, submits that an appropriate order may be passed directing the RTA to consider the application along with the objections filed by the rival operators if any. AGA submits that an appropriate order may be passed. The oral submission made by counsel for the respective parties is placed on record. 7. The grievance of the petitioner is that the final decision has not been taken by the RTA as of today. Hence, the request is made by the petitioner to direct the RTA to take final decision in the matter. Therefore, this Court deems it proper to direct the RTA to consider the request of the petitioner and also the objections filed by the rival operators and take a decision in - 4 - HC-KAR NC: 2025:KHC:28464 WP No. 22378 of 2025 accordance with the law within fifteen days from the receipt of the certified copy of this order, if not considered as of today. Needless to observe that the petitioner and the rival operators must be accorded an opportunity of personal hearing. This Court has not expressed any opinion on the merits of the case. 8. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 8