D DAMODAR KINI Vs. STATE OF MYSORE

JUDGEMENT

(1.) The Question involved in this petition is simple: but it is frequently arising in every day affairs before the Regional Transport Officer (The RTO) of the State.

(2.) The question is whether an application for learner's driving licence should be affixed with a process fee of Re. 1? The RTO, South Kanara, before whom the petitioner made an application for learner's driving licence, has stated that the petitioner should pay the said process fee. The RTO made an endorsement to that effect, returning the application of the petitioner. Instead of paving Re. t for the court fee stamp, the petitioner has preferred this Writ Petition under Art.226, by paving the Court fee of Rs.25. besides spending the necessary amounts for other purposes. One must really appreciate the action taken by the petitioner.

(3.) Rule 19 of the Mysore Motor Vehicles Rules, 1963 ('the Rules'), movides for filing an application for the grant of learner's driving licence. Sub-rule (2) of Rule 19 provide: (2) A separate application for a learner's driving licence for each type of a motor vehicle shall be made to the licencing authority having furisdiction in the area in which the applicant ordinarily resides, in Form No.5 L.Lr.A. and shall be accompanied by a fee of Rs.2 (two rupees).