JUDGMENT :

NAGARATHNA, J.

Being aggrieved by the order of the learned single Judge dated 12/09/2019, passed in W.P.No.14485/2019 and order dated 14/11/2019, passed in R.P.No.516/2019, the petitioner has filed this appeal.

2. We have heard learned senior counsel for the writ petitioner/appellant, learned Additional Government Advocate for respondent Nos.1 to 4, learned Central Government Counsel for respondent No.5 and learned counsel for respondent No.6.

3. Learned senior counsel appearing for the petitioner/appellant herein drew our attention to the prayers sought in the writ petition. They read as under:

"Wherefore, it is respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the Respondent Nos.1 to 4 to take all action necessary to permit registration of bike taxies as transport vehicles and grant of appropriate Contract Carriage permits in terms of the Motor Vehicles Act, 1988, Central Motor Vehicles Rules, 1989 and Karnataka Motor Vehicles Rules, 1989;

Or in the Alternative:

(b) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the Respondent Nos.1 to 4 to sanction and implement a framework for bike taxis in view of S.O. 1248(E) dated 05.11.2004 annexed as ANNEXURE-A issued by the Central Government, whereby 'Motor cycle used for hire to carry one passenger on pillion..." has been added as a category of 'Transport vehicle'.

(c) To issue in the nature of mandamus or any other appropriate writ, order or direction directing the Respondent Nos.1 to 4 to ensure that no motorcycles which are registered for personal use and not for use as transport vehicles are allowed to be operated as taxies in any form or manner;

(d) Pass any other or further order (s) as this Hon'ble Court may be deem fit and proper in the facts and circumstances of the case."

4. Appellant's counsel contended that the appellant had filed the writ petition seeking a direction to respondent Nos.1 to 4 to take steps to issue necessary permits for running the business of bike taxis as transport vehicles and to grant appropriate permits in respect of contract carriage permits in respect of contract carriage permits as per the provisions of the Motor Vehicles Act, 1988, Central Motor Vehicles Rules, 1989 and Karnataka Motor Vehicles Rules, 1989 (hereinafter referred to as "the MV Act, 1988”, “Central Rules, 1989” and State Rules, 1989" respectively for the sake of brevity). The grievance of the appellant is that respondent Nos.1 to 4 are not accepting the application sought to be filed by the appellant so as to seek permit under the provisions of Chapter VI of the MV Act, 1988 which deals with Special Provisions Relating to State Transport Undertakings and Chapter V deals with Control of Transport Vehicles including the issuance of permits for contract carriage vehicles.

5. Learned counsel for the appellant further drew our attention to Section 2(7) of the MV Act, 1988 which defines contract carriage, which is an inclusive definition and the power of the Central and State Government to control transport vehicles which also includes a contract carriage and the provisions dealing with application for contract carriage permit namely, Section 73 of the MV Act, 1988, the grant of contract carriage permit as per Section 74, the conditions under which they may be granted as well as the waiver of conditions.

6. That in the instant case, permission is being sought for running a motorcycle taxi being a transport vehicle as per Annexure - A/Notification dated 05/11/2004 as the appellant is seeking permission to run a motorcycle contract carriage permit. In this context, learned senior counsel drew our attention to Annexure - G, which is a letter dated 02/03/2019 addressed to the Transport Minister, State of Karnataka wit