Validity of the application for vehicle replacement under statutory provision reviewed; Court mandates timely consideration.

JUDGMENT

This writ petition is filed with the following relief;

“To issue a writ of mandamus or any other appropriate writ direction or order, directing the respondent to grant replacement of the existing vehicle KL-29re 9700 with later model vehicle KL-06/G 0481 having very same seating capacity, in respect of Ext-Pl regular permit, forthwith at any rate within a time to be fixed by this Honble Court, in the interest of justice.”

2. The learned counsel for the petitioner submits that, with regard to Ext.P4 statutory application for replacement, even though the incoming vehicle was a later model vehicle with the very same seating capacity and therefore having no material difference, the respondent ought to have considered the application and passed appropriate orders.

3. The learned Government Pleader submits that the Secretary has only the power to allow replacement but does not have the power to reject the same, and therefore, the application for replacement has to be considered by the RTA. This is recorded.

4. Taking note of the fact that the prayer made in this writ petition is solely for consideration of the application, the writ petition is disposed of, directing the respondent / competent authority to pass appropriate orders in accordance with law, at the earliest and at any rate within one month.

The Writ petition is disposed of as above.

Sd/-