YESHODHARA KADAMBA Vs. KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) In this Writ Petition, the petitioner has questioned the resolution passed by the 2nd respondent in Subject No. 173/87-88 dated 16-1-1988 (vide Annexure 'A') and also the order of 1st respondent passed in URA No. 98/1988 dated 4-3-1988 (vide Annexure 'B') and sought the issue of a Writ of certiorari for quashing Annexures 'A' and 'B' and further for a mandamus directing 2nd respondent to grant replacement of the vehicle as prayed for by the petitioner.

(2.) The facts of the case are as follows: The petitioner is the holder of a stage carriage permit authorised to operate on the route Mangalore to Malleswara and by vehicle bearing No. CTA 9878 of 1987 model having a seating capacity of 48+2+10. Thereafter, the petitioner acquired a vehicle bearing No. CRX. 9877 which is also of 1987 model vehicle having a seating capacity of 32 + 2 + 7 (Mitsubishi). The petitioner applied on 6-1-1988 for replacement of the present vehicle of 1987 model to subserve public interest.

(3.) The 2nd respondent vide resolution dated 16th January, 1988 in Subject No. 173/87-88 rejected the application vide Annexure 'A'. The petitioner preferred an appeal before the 1st respondent and this appeal also came to be dismissed.