The State is not empowered to issue circulars imposing a condition that vehicles older than 15 years are ineligible for the renewal of vehicle permits and fitness certificates.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.Jane Siona D'Souza, counsel on behalf of Sri.Mohammad Irfan and Sri.Cyril Prasad Pais, for the petitioner and High Court Government Pleader for respondents appeared in person.

2. The captioned writ petition is filed seeking for the following reliefs:

(a) Issue a Writ of Certiorari quashing the endorsement dated 21.08.2025 issued to the petitioner against the bus bearing regn.NO.KA 91C 8961 by the 5th vide Annexure-A.

(b) Issue a writ of mandamus directing the 5th respondent to renew the vehicle permit for the school bus Tata EIB 909/49 bearing regn. No.KA.19C-8961 having Engine No.497TC93EZY8L27142 and Chassis No.MAT382-42A7E19915). and

(c) Grant such other and further reliefs based on the nature and circumstances of the above case, in the interest of justice and equity.

3. Counsel for the respective parties would fairly submit that the issue involved in the present Writ Petition is answered by the Co-ordinate Bench of this Court in Smt. Sharadamma Vs. State of Karnataka and Others in W.P.No.21991/2019 and connected matters, disposed of on 20.08.2019, and they would submit that the decision therein would squarely apply to the present case. Counsel therefore, submits that an appropriate order may be passed.

4. Heard the arguments and perused the Writ papers with utmost care.

5. In SHARADAMMA’s case cited supra, it is held that State is not empowered to issue Circular and impose condition that 15 years old vehicles are not entitled for renewal of permit as well as fitness.

6. Following the decision cited supra, the present Writ Petition is allowed. The endorsement dated:21.08.2025 issued by respondent No.5 vide Annexure-A is quashed. The fifth respondent is directed to consider the representation/ grievance of the petitioner regarding renewal of vehicle permit and issuance of fitness certificate within four weeks from the receipt of certified copy of this order.

7. The writ petition is allowed