FATHIMUNNISA Vs. ADDITIONAL SECRETARY REGIONAL TRANSPORT AUTHORITY BANGALORE

JUDGEMENT

(1.) This matter is taken up for final hearing by consent of counsel for petitioner and respondent.

(2.) The petitioner is the holder of the Autorickshaw Cab Permit covered bya 1991 model vehicle bearing No. KA 01/1985.

(3.) The petitioner made an application on 21-6-1993 for replacing the said vehicle by a 1985 model vehicle bearing No. MH 09/D 378. The said application was made under Section 83(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') read with Rule 79(1) of the Karnataka Motor Vehicles Rules, 1989 (hereinafter referred to as the 'Rules'). The respondent has issued an endorsement dated 26-6-1993, as per Annexure-A, rejecting the said request, on the ground that the Regional Transport Authority had by resolution No. 223 of 90-91, dated 27-2-1991, imposed a condition that the vehicle proposed to be covered under the permit should not be more than two years old on the date of obtaining the permit and that the permit was obtained on 19-7-1991 with a 1991 model vehicle, and the proposal to replace it by a 1985 model vehicle was in contravention of the Resolution of the RTA. Feeling aggrieved by the said order, the petitioner has filed this petition and sought quashing of the impugned endorsement dated 26-6-1993 and a direction to the respondent to grant permission for replacement of the 1985 model vehicle bearing No. MH 09/D 378 in place of the existing 1991 model vehicle.