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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE DAY OF 01ST JUNE, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 192 OF 2025 (GM-RES)
C/W
CIVIL CONTEMPT PETITION NO. 66 OF 2025
WRIT APPEAL NO. 164 OF 2025 (GM-RES)
WRIT APPEAL NO. 187 OF 2025 (GM-RES)
IN WA No. 192/2025
BETWEEN:
1. DIRECTOR GENERAL OF CIVIL AVIATION
REPRESENTED BY ITS DEPUTY DIRECTOR
GENERAL OF AIRWORTHINESS
(OFFICIALY KONWN AS DEPUTY DIRECTOR
GENERAL OF CIVIL AVIATION)
OPP SAFDARJUNG AIRPORT
NEW DELHI 110003
2. DIRECTOR OF AIRWORTHINESS
O/O DEPUTY DIRECTOR GENERAL OF
CIVIL AVIATION
HAL AIRPORT TECHNICAL BLOCK
VIMANAPURA POST
BANGALORE 560 017
…APPELLANTS
(BY SRI. K. ARVIND KAMATH, ASGI FOR
SRI. H. SHANTHI BHUSHAN, DSGI)
AND:
1. D A PALANIVELU
S/O ARMUGHAN
AGED ABOUT 72 YEARS
2. KUDIMADA SOMANNA SUBBAYYA
S/O K B SOMANNA
AGED ABOUT 57 YEARS
BOTH HAVING OFFICE AT
SURYA RATHNA AVENUE
NO. 51/25, RICHMOND ROAD
BANGALORE 560 025
(HEREINAFTER REFERRED TO
AS PRIVATE RESPONDENTS)
3. GOVERNMENT FLYING TRAINING SCHOOL
12TH KM BELLARY ROAD
JAKKUR AERODROME
BANGALORE 560 064
REP BY ITS DIRECTOR
4. AIR TRAFFIC CONTROLLER
12TH K M BELLARY ROAD
JAKKUR AERODROME
BANGALORE 560 064
REP BY DUTY AIR TRAFFIC
CONTROLLER 560 064
REP BY DUTY AIR TRAFFIC
CONTROLLER
(HEREINAFTER REFERRED TO AS STATE
RESPONDENTS )
…RESPONDENTS
(BY CAPT. ARVIND SHARMA, ADVOCATE A/W
SRI. ARNAV A BAGALWADI, ADVOCATE FOR C/R1 & R2
SMT. NAMITHA MAHESH, AGA FOR R3 & R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGMENT
AND ORDER DATED 16.12.2024 PASSED BY THE LEARNED
SINGLE JUDGE IN WP No. 6098/2024 C/W WP 8690/2024 AND
WP No. 14244/2024, IN THE INTEREST OF JUSTICE AND
EQUITY.
IN CCC NO. 66/2025
BETWEEN:
1. D A PALANIVELU
S/O ARMUGHAM
AGED ABOUT 72 YEARS
2. KUDIMADA SOMANNA SUBBAYYA
S/O K B SOMANNA
AGED ABOUT 57 YEARS
BOTH O/A SURYA RATHNA AVENUE
NO.51/25, RICHMOND ROAD
BANGALORE-560025
...COMPLAINANTS
(BY CAPT. ARVIND SHARMA, ADVOCATE A/W
SRI. ARNAV A BAGALWADI, ADVOCATE)
AND:
1. SRI PAVITRAKAR
DIRECTOR OF AIRWORTHINESS
DGCA REGIONAL OFFICE
HAL AIRPORT TECHNICAL BLOCK
BANGALORE-560017
2. SRI BALAMURUGAN
DEPUTY DIRECTOR OF
AIRWORTHINESS
DGCA REGIONAL OFFICE
HAL AIRPORT TECHNICAL BLOCK
BANGALORE-560017
3. RAJATHANGARAJA
OFFICER OF AIRWORTHINESS
DGCA REGIONAL OFFICE
HAL AIRPORT TECHNICAL BLOCK
BANGALORE-560017
4. SANJAY BRAHMANE
THE DEPUTY DIRECTOR GENERAL DGCA
DGCA REGIONAL OFFICE
HAL AIRPORT TECHNICAL BLOCK
BANGALORE-560017
5. B BHASKAR
AIRCRAFT MAINTENANCE ENGINEER
C/O AASAA PVT LTD HANGAR
NO.1, JAKKUR AERODROME
12TH KM BELLARY ROAD
BENGALURU-560064
6. M.K. SRIRAM
DIRECTOR
AGNI AERO SPORT ADVENTURE
ACADEMY PVT,LTD (AASAA)
HANGAR NO.1 JAKKUR AERODROME,
12TH KM BELLARY ROAD,
BENGALURU-560064.
...ACCUSED
(BY SRI. K. ARVIND KAMATH, ASGI A/W
MR. VINAY V., & MR. UNNIKRISHNAN M., CGSC FOR A1
TO A5;
A6 SERVED AND UNREPRESENTED)
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
THE CONTEMPT OF COURTS ACT, 1971, BY THE
COMPLAINANT, PRAYING TO INITIATE PROCEEDINGS
UNDER THE CONTEMPT OF COURTS ACT, 1971 AND
PUNISH THE ACCUSED FOR WILLFUL DISOBEDIENCE OF
THE ORDER OF THIS HONBLE COURT IN WP NO.14244/2024
C/W WP NO.6098/2024 AND WP NO.8690/2024 DATED
16/12/2024 IN ACCORDANCE WITH THE LAW.
IN WA NO. 164/2025
BETWEEN:
1. DIRECTOR GENERAL OF CIVIL AVIATION
REPRESENTED BY ITS DEPUTY
DIRECTOR GENERAL OF AIRWORTHINESS
(OFFICIALLY KNOWN AS
DEPUTY DIRECTOR OF GENERAL
OF CIVIL AVIATION
OPP SAFDARJUNG AIRPORT
NEW DELHI 110003
2. DIRECTOR OF AIRWORTHINESS
DGCA REGIONAL OFFICE
HAL AIRPORT
TECHNICAL BLOCK
BANGALORE 560 017
3. DEPUTY DIRECTOR OF AIRWORTHINESS
DGCA REGIONAL OFFICE
HAL AIRPORT,
TECHNICAL BLOCK
BANGALORE 560017
4. OFFICER OF AIRWORTHINESS
DGCA REGIONAL OFFICE HAL
AIRPORT, TECHNICAL BLOCK
BANGALORE 560017
...APPELLANTS
(BY SRI. K. ARVIND KAMATH, ASGI A/W
MR. VINAY V, CGSC)
AND:
1. D A PALANIVELU
S/O ARUMUGHAM
AGED ABOUT 72 YEARS
2. KUDIMADA SOMANNA SUBBAYYA
S/O K B SOMANNA
AGED ABOUT 57 YEARS
BOTH HAVING OFFICE AT
SURYA RATHNA AVENUE
NO. 51/25, RICHMOND ROAD
BANGALORE 560 025
3. B BHASKAR
AIRCRAFT MAINTENANCE ENGINEER
C/O AASAA PVT LTD HANGAR
NO.1, JAKKUR AERODROME
12TH KM BELLARY ROAD
BENGALURU 560064.
4. AASAA PVT LTD
HANGAR NO. 1
JAKKUR AERODROME
12TH K M BELLARY ROAD
BENGALURU 560 064
...RESPONDENTS
(BY CAPT. ARVIND SHARMA, ADVOCATE A/W
MR. ARNAV A BAGALWADI, ADVOCATE FOR R1 & R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE
JUDGEMENT AND ORDER DATED 16/12/2024 PASSED BY
THE LEARNED SINGLE JUDGE IN WP NO.14244/2024.
IN WA NO. 187/2025
BETWEEN:
1. DIRECTOR GENERAL OF CIVIAL AVIATION
REP BY ITS DEPUTY DIRECTOR
GENERAL OF AIRWORTHINESS (OFFICIALLY
KNOWN AS DEPUTY DIRECTOR
GENERAL OF CIVIL AVIATION)
OPP. SAFDARJUNG AIRPORT
NEW DELHI 110003
2. DIRECTOR OF AIRWORTHINESS
O/O DEPUTY DIRECTOR GENERAL
OF CIVIL AVIATION HAL AIRPORT
TECHNICAL BLOCK VIMANAPURA
POST BANGALORE 560017
...APPELLANTS
(BY SRI. K. ARVIND KAMATH, ASGI A/W
MR. VINAY V., AND MR.UNNIKRISHNAN M., CGSC)
AND:
1. M/S AGNI AERO SPORTS
ADVENTURE ACADEMY (P) LTD
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT 1956
HAVING OFFICE AT JAKKUR
AERODROME 12TH
K M BELLARY ROAD
BANGALORE 560064
REFERRED TO AS PRIVATE RESPONDENT
2. GOVERNMENT FLYING TRANING SCHOOL
12TH KM BELLARY ROAD
JAKKUR AERODROME
BANGALORE 560064
REP BY ITS DIRECTOR
3. AIR TRAFFIC CONTROLLER
12TH KM BELLARY ROAD
JAKKUR ARERODRAOME
BANGALORE 560064
REP BY DUTY AIR TRAFFIC CONTROLLER
(REFERRED TO AS STATE RESPONDENTS)
...RESPONDENTS
(BY CAPT. ARVIND SHARMA, ADVOCATE A/W
MR. ARNAV A BAGALWADI, ADVOCATE FOR R1
SRI. K.S. HARISH, GA FOR R2 & R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE
JUDGEMENT AND ORDER DATED 16/12/2024 PASSED BY
THE LEARNED SINGLE JUDGE IN WP NO.6098/2024.
THESE APPEALS HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT, COMING ON FOR
PRONOUNCEMENT THIS DAY, JUDGMENT WAS
PRONOUNCED AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE C.M. POONACHA)
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE C.M. POONACHA)
1. The present intra court appeals are filed by the Director General of Civil Aviation [DGCA] and other officials of the DGCA calling in question the order dated 16.12.2024 [impugned order] passed by the learned Single Judge in a batch of writ petitions (W.P. Nos.6098/2024 and 8690/2024 and 14244/2014). Vide the impugned order, the learned Single Judge allowed the writ petitions filed by the private respondents.
2. The private respondents had filed the writ petitions (W.P.No.6098/2024 and W.P.No.8690/2024) impugning the communication/notification dated 14.02.2024 passed by the Deputy Director General of DGCA [first impugned communication]. Vide the first impugned communication which was issued to, inter alia, Government Flying Training School, Jakkur Aerodrome, Bengaluru [GFTS, Jakkur] and All Microlight/Powered Hang Glider operators, Bengaluru Region, the use of Indian MoGas by Indian Registered Aircraft was prohibited with immediate effect. In W.P.No.8690/2024, the letter/communication dated 22.02.2024 [second impugned communication] issued by the Director, GFTS, Jakkur, of the Government Flying Training School, Jakkur Aerodrome, to the Air Traffic Controller [ATC], GFTS, Jakkur, not to give clearances for any Microlight flying operations in the said GFTS, Jakkur, was impugned. The first and second impugned communications shall also be collectively referred to as the impugned communications. Various shortfalls that have been found consequent to the impugned communications have also been called in question in W.P.No.14244/2024. The writ petitioners are stated to be the owners/operators of Microlight Aircraft bearing registration No.VT-USP (Certificate No.UL 88/2) as well as Microlight Aircraft bearing registration No.VT-USH.
3. The learned Single Judge allowed the writ petitions and quashed the impugned communications as well as the shortfalls. The learned Single Judge also directed renewal of the special certificate of air worthiness in respect of the petitioners in W.P.No.14244/2024. However, liberty was reserved to the appellants to proceed in accordance with law in adherence with the principles of natural justice. The learned Single Judge had quashed the impugned communications on the ground that they were unreasonable and vague. The learned Single Judge also found that the writ petitioners were not given a fair opportunity of hearing before the impugned communications were issued.
Background facts:
4. The relevant facts in a nutshell are that the writ petitioners are operators and users of Microlight Aircrafts and have been conducting their flying activities at GFTS, Jakkur. The first impugned communication was called in question on various grounds. First that the Deputy Director of the DGCA did not have the authority to issue the same; second that it has been issued without hearing the petitioner; third that the same does not pertain to any matter as specified under Section 5(2) of the Aircraft Act, 1934 [Act]; fourth that any directions must be issued as Civil Aviation Requirements [CARs] under Rule 133A(1) of the Aircraft Rules, 1937 [Rules]; fifth that before the CARs are issued in accordance with Rule 133A(2) of the Rules, they must be first published on the DGCA website for a period of thirty days calling for objections/suggestions from the affected persons, which admittedly had not been done; last that the directions are issued in respect of the Aircraft fitted with Rotax 912 'S' series engines, which are different from Rotax 912 'UL' series installed in the Aircrafts of the petitioners.
5. The appellants, who were the respondents before the learned Single Judge had justified issuance of the impugned communications as well as subsequent action of issuing shortfalls by contending, inter alia, that under Section 5(A) of the Act, the DGCA or the officer empowered for the said purpose, is entitled to take action. Further, under Rule 29C of the Rules, they are empowered to
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