N R SOMASHAKAR Vs. SECRETARY R T A

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the order dated 10-4-1985 passed by the respondent in No. RTA PR. SP. 404-467/85-86, produced as Annexure-E. By the said order, the respondent has rejected the applications filed by the petitioner for grant of special permits under Section 63(6) of the Motor Vehicles Act (hereinafter referred to as the 'Act'), read with Rule 127 of the Karnataka Motor Vehicles Rules (for short, the 'Rules').

(2.) At the outset, an objection is raised by Sri Abdul Khader, Learned Government Pleader, that the periods for which the special permits were sought have already expired; therefore the petition has become in fructuous, hence the contentions raised in the petition need not be considered.

(3.) No doubt, the periods for which the applications are filed for grant of special permits have already expired. If that is all that can be said in the matter, there is no necessity to consider this Writ Petition on merits. But the respondent has rejected the application not on merits, but on the ground that he is legally incompetent to grant special permits sought for by the petitioner. Such a view affects the very exercise of jurisdiction by the respondent, even in future as it is likely that he may continue to maintain the same view, therefore it is necessary to consider the petition on merits, even though the petitioner may not be entitled to have a direction issued to the respondent to grant the applications which have been rejected by the impugned order; never the-less, the order will make the legal position clear for exercise of jurisdiction in future by the respondent.