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PRINCIPAL BENCH AT BENGALURU
THE PRINCIPAL SECRETARY TO GOVERNMENT – Appellant
Versus
MR RANJITH K P – Respondent
WA 191 2023
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT APPEAL NO.191 OF 2023 (MV)
AND
WRIT APPEAL NO.196 OF 2023 (MV)
IN WA. NO.191 OF 2023
BETWEEN :
1.
THE PRINCIPAL SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT
GOVERNMENT OF KARNATAKA
# 253, 1ST FLOOR, M.S. BUILDING
DR. B.R. AMBEDKAR VEEDHI
BENGALURU – 560 001.
2.
THE COMMISSIONER
TRANSPORT AND ROAD SAFETY
1ST FLOOR, A-BLOCK, TTMC BUILDING
SHANTINAGAR
BENGALURU – 560 027.
3.
THE DEPUTY COMMISSIONER FOR
TRANSPORT & SENIOR REGIONAL
TRANSPORT OFFICE, BENGALURU (SOUTH)
JAYANAGAR SHOOPING COMPLEX
4TH BLOCK, JAYANAGARA
BENGALURU – 560 011.
…APPELLANTS
(BY SRI. MAHENDRA S.S., AGA)
2
AND:
1 . MR. RANJITH K.P.,
S/O SRI. K.K. PEETHAMBRAN
AGED ABOUT 43 YEARS
R/AT No.004, VISHAL PARK WOOD
KESHAVARAJ LAYOUT
CAMBRIDGE ROAD
HALASURU
BENGALURU – 560 008.
2 . THE JOINT SECRETARY
MINISTRY OF ROAD TRANSPORT
AND HIGHWAYS
TRANSPORT BHAVAN 1
PARLIAMENT STREET
NEW DELHI – 110 001.
3 . NATIONAL INFORMATICS CENTRE
KARNATAKA STATE UNIT
VI AND VII FLOOR, MINI TOWER
BENGALURU – 560 001.
…RESPONDENTS
(BY SRI. J. PRADEEP KUMAR, ADVOCATE FOR C/R1;
SRI. H. SHANTHI BHUSHAN, ASG FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR
RECORDS. b) ALLOW THIS WRIT APPEAL AND SET ASIDE
THE ORDER DATED:16.12.2022 PASSED BY THE LEARNED
SINGLE
JUDGE
OF
THIS
HON’BLE
COURT
IN
WP
3
No.683/2022 (MV) C/W WRIT PETITION.NO.2153/2022
(MV) IN THE INTEREST OF JUSTICE AND EQUITY.
IN WA NO.196 OF 2023
BETWEEN :
1.
THE REGIONAL TRANSPORT OFFICE
YESHWANTHPUR
3RD FLOOR, SHOPING COMPLEX
RAILWAY STATION ROAD
YESHWANTHPUR
BENGALURU – 560 022
REP. BY THE REGIONAL TRANSPORT OFFICER.
2.
THE COMMISSIONER FOR TRANSPORT
AND ROAD SAFETY
1ST FLOOR, A-BLOCK
TTMC BUILDING
K.H. ROAD
SHANTHINAGAR
BENGALURU – 560 027.
3.
STATE OF KARNATAKA
TRANSPORT DEPARTMENT
3RD FLOOR
M.S. BUILDING
BENGALURU – 560 001
REP. BY PRINCIPAL SECRETARY.
…APPELLANTS
(BY SRI. MAHENDRA S.S., AGA)
4
AND:
1.
MRS. SHALINI T.,
AGED ABOUT 34 YEARS
D/O M.R. THANGAVELU A.,
R/AT DV 117 IISC QUARTERS
ISRO ROAD
VIJINAPURA CAMPUS
SANJAY NAGAR
OPPOSITE TO ISRO HEAD QUARTERS
BENGALURU – 560 094.
2.
UNION OF INDIA
MINISTRY OF ROAD TRANSPORT
AND HIGHWAYS
TRANSPORT BHAVAN -1
PARLIAMENT STREET
NEW DELHI – 110 001
REP. BY THE PRINCIPAL SECRETARY.
…RESPONDENTS
(BY SMT. ANISHA, ADVOCATE FOR R1;
SRI. H. SHANTHI BHUSHAN, ASG FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO A) CALL
FOR RECORDS B) ALLOW THIS WRIT APPEAL AND SET
ASIDE THE ORDER DATED:16.12.2022 PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN WP
NO.683/2022 (MV) C/W WRIT PETITION NO.2153/2022
(MV) IN THE INTEREST OF JUSTICE AND EQUITY
THESE APPEALS BEING HEARD AND RESERVED,
COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS
DAY, M.G.S.KAMAL J., DELIVERED THE FOLLOWING:
5
JUDGMENT
Ministry
of
Road
Transport
and
Highways
(hereinafter referred to as `MORTH’), Government of
India, by its Notification bearing No.GSR 594(E) dated
26.08.2021 as per Annexure-D introduced a new
registration mark for new motor vehicles called
Bharath Series (hereinafter referred to as “BH Series”),
process of which would not require assignment of new
registration mark, if the owner of the vehicle moves
from one State to another. The said facility was made
available on voluntary basis to defence personnel,
employees of Central Government/State Government,
Central/State Government Public Sector undertakings,
private
sector
companies/organisation,
which
are
having their offices in four or more
