VIJAYA N RAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD Sri c. s. shanthamallappa, learned counsel for the petitioner and Smt. Sujatha, learned government pleader.

(2.) BY this petition, the petitioner has prayed for issue of a writ of certiorari for quashing the endorsement dated 8-1-1997 in case No. Rta : dk: b-l: pr: 15: 96-97 (annexure-'e' to the petition) whereby the opposite party the regional transport officer, dakshina kannada, mangalore, has refused to grant special permit to the petitioner simply on the ground that,

(3.) ACCORDING to the petitioner, the head master of south canara high school, ajjavara, sullya, requested the petitioner to take the students of their school for educational tour to certain districts in the State of Karnataka for a period of six days from 16-1-1997 to 21-1-1997. The petitioner has stated that the list of students signed by the head master had also been provided and the letter and the list have been annexed as annexures-'a' and *b' to the writ petition. Petitioner's case is that there upon the petitioner filed an application before the regional transport officer, dakshina kannada, for grant of special permit under Section 88 (8) of the Motor Vehicles Act, 1988, as amended by the Karnataka contract carriages (acquisition) (Amendment) ordinance, 1996. By Section 2 of the ordinance, the Karnataka contract carriages (acquisition) Act, 1976, had been amended from 12-12-1976, and according to the petitioner in Section 24 of the Karnataka contract carriages (acquisition) Act, 1976 (karnataka act 21 of 1976), clauses (iii) and (iv) have been inserted with immediate effect. Petitioner's case is that in view of this amendment, the Provisions of Karnataka Act 21 of 1976 did not apply to any public service vehicle in respect of which special permit is issued. The petitioner has further stated that by order dated 8-1-1997, the authorities have intimated the petitioner that as the authorities have not received any instructions in respect of tax to be collected, special permit cannot be issued. Feeling aggrieved from that Order, the petitioner has come up before this court.