LAWS(KAR)-2010-4-43

NAFIZA SULTANA Vs. SECRETARY R T A

Decided On April 21, 2010
NAFIZA SULTANA Appellant
V/S
SECRETARY, R.T.A. Respondents

JUDGEMENT

(1.) This writ petition is placed before this bench in pursuance of the order dated 10.12.2009 passed by the Hon'ble Chief Justice on a reference by the Learned Single Judge.

(2.) Smt. Nafiza Sultana, the petitioner is the holder of stage carriage permit bearing No. P.ST.P. No. 37/98-99 on the route Thoralakki-Bangalore, granted under the provisions of the Motor Vehicles Act, 1988 for short hereinafter referred to as "the M.V. Act". by the Regional Transport Authority, Bangalore Rural District. The petitioner was not owning any vehicle on the date of the grant of permit. Therefore, she sought for coverage of the aforesaid permit by the vehicle bearing No. TN 49 E-0580 owned by the 2nd respondent. The said request was granted vide proceedings dated 05.07.2004 of the 1st respondent/Government. The petitioner had obtained the policy of insurance in respect of the aforesaid vehicle and also payed tax due as and when it became payable under the provisions of the Karnataka Motor Vehicles Taxation Act, 1957 for short hereinafter referred to as "the Taxation Act"..

(3.) It was contended before the Learned Single Judge that when an application is made for replacement of a vehicle under Section 83 of the M.V. Act, the non-payment of tax in respect of the vehicle covered under the permit cannot be made a ground for rejection of such request.