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2026 DAILYLAW 40056 (KAR)

SURESH ANGADI EDUCATION FOUNDATION, v. THE COMMISSIONER FOR TRANSPORT AND ROAD SAFETY,

WP/28275/2026 · 2026-09-08

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010620902026 NC: 2026:KHC:48886 WP No. 28275 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 28275 OF 2026 (MV) BETWEEN: SURESH ANGADI EDUCATION FOUNDATION, A REGISTERED PUBLIC CHARITABLE EDUCATIONAL TRUST, HAVING ITS ADMINISTRATIVE OFFICE AT ANGADI INSTITUTE OF TECHNOLOGY AND MANAGEMENT, SAVAGAON ROAD, BELAGAVI - 590 009, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SHRI RAJU P. JOSHI, ADMINISTRATOR, AGED ABOUT 45 YEARS. (AUTHORIZATION LETTER DATED 10.12.2025) …PETITIONER (BY SRI. ABHISHEK MALIPATIL, ADVOCATE) AND: 1. THE COMMISSIONER FOR TRANSPORT AND ROAD SAFETY, TRANSPORT DEPARTMENT, TTMC BUILDING (3RD FLOOR) 'A' BLOCK, SHANTHINAGAR BENGALURU - 560 027 2. THE REGIONAL TRANSPORT OFFICER, BELAGAVI RTO OFFICE COMPOUND, SANGOLLI RAYANNA CIRCLE, BELAGAVI - 590 016 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010620902026 NC: 2026:KHC:48886 WP No. 28275 of 2026 3. THE AUTHORIZED AUTOMATED TESTING STATION, BENGALURU GOVERNMENT AUTOMATED TESTING STATION (ATS) PEENYA INDUSTRIAL AREA, NEAR PEENYA METRO STATION / NTTF CIRCLE, BENGALURU - 560 058, REPRESENTED BY ITS OFFICER-IN-CHARGE …RESPONDENTS (BY SRI. MANJUNATH B., AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. DIRECTING RESPONDENT NO.2 TO CONSIDER AND DISPOSE OF THE PETITIONER'S REPRESENTATION DATED 08.08.2026 BEARING REF.NO. AITM/ACA/2026-27/139 VIDE ANNEXURE-G, RECEIVED BY RESPONDENT NO.2 ON 10.08.2026, IN TERMS OF THE JUDGEMENT DATED 10.03.2026 PASSED BY THIS HON'BLE COURT IN W.P. NO.4650/2026 VIDE ANNEXURE-J AND TO PERMIT TRANSPORTATION OF BUSES BEARING REGISTRATION NOS. KA-22-B-5694 AND KA- 22-B-5522 FROM BELAGAVI TO THE AUTHORIZED AUTOMATED TESTING CENTRE (ATS) AT BENGALURU FOR RENEWAL OF FITNESS CERTIFICATE, AS AND WHEN DUE, WITHOUT DENYING SUCH RENEWAL OR MOVEMENT SOLELY ON THE GROUND THAT THE SAID VEHICLES HAVE COMPLETED OR ARE ABOUT TO COMPLETE FIFTEEN YEARS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010620902026 NC: 2026:KHC:48886 WP No. 28275 of 2026 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER This petition is filed seeking the following prayer: Wherefore, the Petitioner respectfully prays that this Hon'ble Court may be pleased to :- i. Issue a writ of mandamus, or any other appropriate writ, order or direction, directing Respondent No.2 to consider and dispose of the Petitioner's representation dated 08.08.2026 bearing Ref.No. AITM/ACA/2026-27/139 vide Annexure-G, received by Respondent No.2 on 10.08.2026, in terms of the judgement dated 10.03.2026 passed by this Hon'ble Court in W.P. No.4650/2026 vide Annexure-J and to permit transportation of buses bearing Registration Nos. KA-22-B-5694 and KA-22-B-5522 from Belagavi to the authorized Automated Testing Centre (ATS) at Bengaluru for renewal of Fitness Certificate, as and when due, without denying such renewal or movement solely on the ground that the said vehicles have completed or are about to complete fifteen years; and ii. Direct that consideration of renewal of Fitness Certificates of the buses be made strictly in accordance with Section 56 of the Motor Vehicles Act, 1988, Rule 62 of the Central Motor Vehicles Rules, 1989, and the law declared by this Hon'ble Court in Smt. Sharadamma v. State of Karnataka - 4 - HC-KAR CNR: KAHC010620902026 NC: 2026:KHC:48886 WP No. 28275 of 2026 (W.P.No.21991/2019) as referred to in The Maratha Mandal English Medium School v. State of Karnataka W.P. No.108149/2025 dated 25.11.2025 vide Annexure-H and in the Petitioner's own case in W.P. No.4650/2026 order dated 10.03.2026 vide Annexure-J; and iii. Grant such other reliefs as this Hon'ble Court deems fit to grant. 2. Learned counsel for the petitioner submits that in the light of the order passed in W.P.No.4650/2026 dated 10.03.2026, the petitioner made a representation to the respondents on 08.08.2026. His grievance is that the said representation is not considered by the respondents. 3. Learned Additional Government Advocate, who takes notice on behalf of the respondents, submits that this is a premature petition, by giving a representation on 08.08.2026, and without even giving a reasonable time to pass the orders, the petitioner has rushed to this court. 4. Having heard the learned counsels on either side, perused the material on record, considering that the - 5 - HC-KAR CNR: KAHC010620902026 NC: 2026:KHC:48886 WP No. 28275 of 2026 representation dated 08.08.2026 is pending before the second respondent, this court is passing the following order: ORDER i. The writ petition is disposed of. ii. The second respondent is directed to consider the representation within a period of one week from the date of receipt of the copy of this order. iii. All pending IAs, in this petition, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SKS MR