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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 05^TH DAY OF APRIL, 2021

PRESENT

THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

AND

THE HON’BLE MS. JUSTICE J.M.KHAZI

WRIT APPEAL No.4010/2019 (MV)

BETWEEN:

ANI TECHNOLOGIES PVT. LTD.,

REGENT INSIGNIA, #414,

3^RD FLOOR, 4^TH BLOCK,

17^TH MAIN 100 FEET ROAD,

KORAMANGALA,

BANGALORE - 560 034.

THROUGH ITS AUTHORIZED

REPRESENTATIVE.

... APPELLANT

(BY SRI ARUN KUMAR K., SENIOR ADVOCATE FOR

SRI CHETHANA K.N., ADVOCATE)

AND:

1.

STATE OF KARNATAKA

THROUGH ITS SECRETARY,

VIDHANA SOUDHA,

BENGALURU - 560 001.

2.

ADDITIONAL TRANSPORT COMMISSIONER AND

SECRETARY STATE TRANSPORT AUTHORITY

BANGALORE, 1^ST FLOOR,

TTMC BUILDING, A-BLOCK,

SHANTHINAGAR,

BANGALORE - 560 027.

3.

THE COMMISSIONER,

ROAD TRANSPORT DEPARTMENT

AND STATE TRANSPORT AUTHORITY,

1^ST FLOOR, TTMC BUILDING,

A-BLOCK, SHANTINAGAR,

BANGALORE - 560 027.

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4.

KARNATAKA STATE TRANSPORT AUTHORITY,

THROUGH ITS SECRETARY,

1^ST FLOOR, TTMC BUILDING,

A-BLOCK, SHANTINAGAR,

BANGALORE - 560 027.

5.

UNION OF INDIA

THROUGH PRINCIPAL SECRETARY,

THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,

TRANSPORT BHAWAN,

I PARLIAMENT STREET,

NEW DELHI - 110 001.

6.

ROPPEN TRANSPORTATION SERVICES PVT. LTD.,

REG. OFFICE AT: 3^RD FLOOR,

SAI PRITHVI ARCADE,

MEGHA HILLS, SRI RAMA COLONY

MADHAPUR, HYDERABAD,

TELAGANA - 500 081.

ALSO AT: 148. 5^TH MAIN ROAD,

RAJIV GANDHI NAGAR,

SECTOR 7, HSR LAYOUT, BENGALURU,

KARNATAKA - 560 102.

THROUGH ITS DIRECTOR

MR. PAVAN KUMAR GUNTUPALLI.

... RESPONDENTS

(BY SMT. SHWETHA KRISHNAPPA, AGA FOR R-1 TO R-4;

SRI. MADANAN PILLAI, R. CGC FOR R-5;

SAHANA DEVANATHAN, ADVOCATE FOR

SRI LOMESH NIDUMURI, ADVOCATE FOR R-6)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO a) PASS AN ORDER

SETTING ASIDE THE FINAL ORDER DATED 12/09/2019 PASSED

BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN

WRIT PETITION NO.14485/2019, INSOFAR AS IT ERRONEOUSLY

RECORDS THAT ALL THE GRIEVANCES OF THE APPELLANT

WERE REDRESSED AND ETC.,

THIS APPEAL COMING ON FOR PRELIMINARY HEARING

THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-

J U D G M E N T

Being aggrieved by the order of the learned single

Judge dated 12/09/2019, passed in W.P.No.14485/2019

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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:

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(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 allow