SIRAJ AHMED S/O HAJI MD. NORULLA, PROP RELIABLE MOTOR SERVICE REPRESENTED BY HIS SPA HOLDER, MD. GHOUSE Vs. THE REGIONAL TRANSPORT AUTHORITY BY ITS SECRETARY, DAVANAGERE REGION, THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, DAVANAGERE REGION AND

JUDGEMENT

(1.) THE learned Government Advocate to accept notice for respondents 1 and 2 and file his memo of appearance within a period of four weeks. Considering the nature of the dispute, notice to respondent No. 3 is unnecessary.

(2.) THE petitioner is before this Court seeking for issue of mandamus to direct the first and second respondents to consider the representation dated 23.2.2010 of the petitioner vide Annexure -E, for compliance of the orders passed in Writ Petition Nos. 41739/2002 and 43360/2002 as well as the order passed in Review Petition Nos. 296 -331/2001 by the Karnataka State Transport Appellate Tribunal.

(3.) AT the outset, it is to be stated that considering that there is long lapse of time from the earlier order of this Court and the date on which the representation has been filed, at this stage, it is premature to issue a positive direction to the second respondent to act in a particular way that is to implement the order of this Court. In any event, the position of law is well settled that the second respondent would have to honour the orders passed by the Tribunal and this Court and in that context, the second respondent is directed to examine the representation dated 23.2.2010 and intimate the petitioner with regard to the action that has been initiated subsequent to the disposal of the earlier writ petition on 4.8.2003. It is needless to mention that if no action has been taken by the second respondent to implement the orders of the Tribunal and this Court in that regard, the second respondent would have to initiate action as directed in accordance with law.