The petitioner's father was granted with stage

carriage permit for the subject route on 08.09.1981 and

he died on 16.11.2011.

3

The original permit holder had filed an

application for renewal of permit on 08.09.2011 and he

died on 16.11.2011 and the permit issued in his favour

was renewed from 09.09.2011 to 08.09.2016. Such

being the case, the petitioner filed an application in the

name of the deceased permit holder on 02.03.2016 with

respondent No.2. Permit was renewed from 09.09.2016

to 08.09.2021 in the name of the deceased permit

holder. Thereafter, the petitioner filed an application for

transfer of the permit on 22.03.2019 as specified under

Section 82 of the Karnataka Motor Vehicle Act, 1988

(for short 'the Act').

Respondent No.2 passed an order dated

20.05.2019 transferring the stage carriage permit in the

name of the petitioner by imposing a penalty of

Rs.10,000/- as specified under Section 86(5) of the Act.

When things stood thus, respondent No.3

filed a Revision Petition No.15/2019 challenging the

renewal of stage carriage permit in favour of the

deceased permit holder and also Revision Petition

4

No.65/2019 challenging the order permitting transfer of

the permit in favour of the present petitioner herein.

5.

The Appellate Tribunal by the impugned

orders dated 22.07.2021 allowed the revision petitions

filed by respondent No.3 and set aside the order

renewing the permit in the name of dead person and

also the transfer of the permit in favour of the

petitioner. Taking exception of the same, this petition is

filed.

6.

Sri.Puthige

R.Ramesh,

learned

Senior

counsel appearing for Sri.Mohamed Subhanulla Sharief C.,

learned counsel for the petitioner would make the

following submissions:

Though there is no provision for renewing the

permit in favour of dead person, however Section 82 of

the Act specifies that upon death of the original permit

holder, the successor can maintain an application for

transfer and the application though filed belatedly by

the petitioner, same has been considered and an order

is passed transferring the permit by imposing penalty as

5

specified under Section 86(5) of the Act. Hence, he

submits that the impugned order so far it relates to

transferring the permit in favour of the present

petitioner does not suffer from any illegality and the

Tribunal ignoring Sections 82 and 86(5) of the Act has

erroneously passed the impugned order and the same is

untenable.

7.

On

the

other

hand,

learned

counsel

appearing for respondent No.3 submits that there is no

provision in the Act to renew the permit in favour of a

dead person and the Tribunal has rightly passed the

impugned order setting aside the renewal of permit in

favour of the dead person. He further submits that the

petitioner having obtained renewal of permit by playing

fraud and misrepresentation is not entitled for transfer

of permit as specified under Section 82 of the Act. He

further submits that the application for transfer was

filed after seven years from the date of death of the

original permit holder and the application filed beyond

the time specified under Section 82 of the Act was not

maintainable. Hence, the petitioner is not entitled for

6

transfer of permit issued in favour of his deceased

father.

8.

Learned High Court Government Pleader

appearing for the State would reiterate the submissions

made by learned Counsel for respondent No.3 and in

peculiar facts and circumstances of the case, the

petitioner is not entitled for transfer of permit.

9.

I have examined the submissions made by

learned counsel appearing for the parties.

10.

It is undisputed that the stage carriage

permit was renewed in favour of the dead person and

there is no provision for renewal of permit in favour of a

dead person. In the absence of any provision for

renewal of the permit in favour of the dead person, the

Appellate Tribunal has rightly passed the order setting

aside the renewal of permit granted in favour of the

deceased father of the petitioner.