Y N NANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner in this writ petition is a senior citizen whose son died in the year 1996 at the age of 20 years in a road accident at Bangalore. It is stated that after the death of his son in the road accident, the petitioner has been devoting considerable time and effort in espousing public causes relating to road safety, vehicular traffic, traffic discipline and other relevant issues. The petitioner claims that he has filed this writ petition to espouse the public cause relating to road safety and excessive speeding by commercial vehicles within and outside the city limits in the State of Karnataka.

(2.) THE immediate provocation for filing the writ petition was annexure-J Notification dated 29. 6. 2007 issued by the Government of karnataka extending the time to fit the vehicles with Speed Governors and specifying that fitting of Speed Governors shall be mandatory only from 1. 1. 2008. The writ petition was filed challenging Annexure-J notification and seeking a direction to the respondents to implement annexure-B Notification dated 28. 3. 2005 issued by the Government of karnataka specifying the transport vehicles which shall be fitted by the operator with Speed Governors. During the pendency of the writ petition, the Government of Karnataka issued Annexure-M Notification dated 22. 1. 2008 by which the time to fix Speed Governors to all types of vehicles already registered was extended until further notification. Therefore, the writ petition was amended to include a prayer for quashing Annexure-M notification also.

(3.) BY an interim order dated 12. 2. 2008, the operation of Annexures-J and M Notifications was stayed by this Court until further orders. Against the said order dated 12. 2. 2008, the 4th respondent-Mysore Rasthe Sarige saraku Saganike Malikara Sangha filed SLP (Civil) No. 5047 of 2008 in the Hon'ble Supreme Court. The Hon'ble Supreme Court by order dated 10. 3. 2008 disposed of the Special Leave Petition requesting the High Court to dispose of the writ petition at the earliest and staying the interim order dated 12. 2. 2008 till the disposal of the writ petition.