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2025 DAILYLAW 83052 (KAR)

ALVAS INSTITUTE OF ENGINEERING AND TECHNOLOGY v. THE STATE OF KARNATAKA

WP/11612/2025 · 2025-07-23

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27823 WP No. 11612 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. 11612 OF 2025 (MV) BETWEEN: 1. ALVA'S INSTITUTE OF ENGINEERING AND TECHNOLOGY AN AUTONOMOUS INSTITUTE A UNIT OF ALVA'S EDUCATION FOUNDATION SHOBAVANA CAMPUS, MIJAR, MOODABIDIRE-574 225. MANGALORE. D.K., REP. BY ITS PRINCIPAL. 2. ALVA'S AYURVEDA MEDICAL COLLEGE A UNIT OF ALVA'S EDUATION FOUNDATION (R.), MOODUBIDRE-574 227, VIDYAGIRI, D.K., REP BY ITS PRINCIPAL. …PETITIONERS (BY SRI. VEERESH.M.UPPIN., ADVOCATE FOR SRI. CHANDRANATH ARIGA.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA 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. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27823 WP No. 11612 of 2025 3. THE SECRETARY, DEPUTY TRANSPORT COMMISSIONER AND SENIOR REGIONAL TRANSPORT OFFICER D.K., MANGALORE-575 001. …RESPONDENTS (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.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 following reliefs: a. Set aside the Endorsement dated 19.03.2025 issued by respondent No.3 in £ÀA:¥Áæ¸Á¥Áæ:zÀPÀ:ªÀÄA:©-3: KA19C4239/2024-25 vide Annexure-G. - 3 - HC-KAR NC: 2025:KHC:27823 WP No. 11612 of 2025 b. Set aside the endorsement dated 19.03.2025 issued by respondent No.3 in £ÀA:¥Áæ¸Á¥Áæ:zÀPÀ:ªÀÄA:©-3: KA19C4236/2024-25 vide Annexure-H. 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 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. - 4 - HC-KAR NC: 2025:KHC:27823 WP No. 11612 of 2025 6. Following the decision cited supra, the present Writ Petition is allowed. The endorsements dated 19.03.2025 issued by respondent No.3 vide Annexures-G and H are quashed. The third respondent is directed to consider the representations submitted by the petitioner vide Annexures-E and F 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.: 22.1