- 1 - HC-KAR NC: 2026:KHC:15395 WP No. 23541 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.23541 OF 2025 (MV) BETWEEN: SMT. JAYASHREE J. SHENOY AGED 68 YEARS, W/O LATE K.V. JAYAPRAKASH, ‘SRINIKETANA’ CLERKPET, O.T. ROAD, SHIVAMOGGA, PIN-577 202. …PETITIONER (BY SRI NAGESHA M.E., ADVOCATE) AND: 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, SHIVAMOGGA-577 201. 2. K. VENKATESH AGED 54 YEARS, S/O LATE K.V. SRINIVASA SHENOY, NO.83, SHIVASHAKTHI, OPP. NATIONAL CONVENT, S.N. NIJALINGAPPA LAYOUT, DAVANAGERE-577 004. …RESPONDENTS (BY SMT. RASHMI RAO, HCG FOR R-1; SRI C.V. KUMAR, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS; ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE STATE TRANSPORT APPELLATE TRIBUNAL DATED 17.07.2025 IN APPEAL NO.33/2025 AS PER ANNEXURE-F. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15395 WP No. 23541 of 2025 THIS PETITION COMING ON FOR HEARING – INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present writ petition is preferred by respondent No.2 in Appeal No.33/2025 against the order dated 17.07.2025 on the file of the Karnataka State Transport Appellate Tribunal, Bengaluru (‘Tribunal’ for short), whereby the appeal filed under Section 89(1)(f) of the Motor Vehicles Act, 1988 (‘MV Act’ for short) came to be allowed and directed the Regional Transport Authority (‘Authority’ for short) to reconsider the application of the appellant for replacement of vehicle in respect of Stage Carriage Permit No.198/1999-2000 in accordance with law. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. During the pendency of writ petition, I.A.No.1/2026 is filed seeking amendment to challenge the - 3 - HC-KAR NC: 2026:KHC:15395 WP No. 23541 of 2025 subsequent endorsement dated 01.08.2025 permitting replacement of vehicle No.KA-20/C-6037 to Stage Carriage Permit No.198/1999-2000 attached to the stage carriage permit. 4. The Tribunal while allowing the appeal observed that the appellant, being the permit holder was not required to produce cancellation of the lease agreement entered into with respondent No.2 in order to seek replacement of the vehicle. The Tribunal relied upon the decision of this Court in WP No.43539/2011 (MV) dated 05.01.2012 and also to the earlier decision rendered by the Tribunal in Appeal Nos.1893-1894/2006, whereby it has been held that the owner of the vehicle does not have any statutory right to resist the replacement of vehicle at the instance of the permit holder and that the cancellation of the lease agreement is not a prerequisite for considering such explanation. 5. The Tribunal further rejected the contention that the pendency of the civil proceedings relating to the - 4 - HC-KAR NC: 2026:KHC:15395 WP No. 23541 of 2025 vehicle and other properties would not bar consideration of the replacement application, holding that such disputes could be agitated before the appropriate forum and would not restrict the statutory power of the permit holder to seek replacement of the vehicle. 6. Pursuant to the order passed by the Tribunal, directing reconsideration of the application, respondent No.1-Authority has considered the matter and issued the endorsement dated 01.08.2025 permitting replacement of the vehicle. 7. In view of the subsequent development, the amendment sought in the writ petition to challenge the said endorsement cannot be entertained with the present proceedings. If the petitioner aggrieved by the endorsement dated 01.08.2024, it is open for the petitioner to challenge the same in accordance with law before the appropriate forum. - 5 - HC-KAR NC: 2026:KHC:15395 WP No. 23541 of 2025 8. In the circumstances, this Court does not find any ground to interfere with the order passed by the Tribunal directing reconsideration of the replacement application. Accordingly, this Court pass the following: ORDER i. The writ petition is disposed of. ii. It is open for the petitioner to challenge the subsequent endorsement dated 01.08.2025, if so advised, in accordance with law. Pending applications, if any, do not survive for consideration. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 18