M/S Amar Infraprojects vs State Of Karnataka
2023 Latest Caselaw 6150 Kant

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                                                          NC: 2023:KHC:30918
                                                       WP No. 18439 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 30TH DAY OF AUGUST, 2023

                                          BEFORE

                        THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                        WRIT PETITION NO.18439 OF 2023 (T-MVT)

                   BETWEEN:

                   M/S. AMAR INFRAPROJECTS,
                   A PARTNERSHIP FIRM,
                   REGISTERED UNDER SECTION 58
                   OF THE INDIAN PARTNERSHIP ACT, 1932,
                   HAVING ITS OFFICE AT
                   C-109, MUGRODY ENCLAVE,
                   GANDHINAGAR, KAVOOR,
                   MANGALORE - 575 015,
                   REPRESENTED BY ITS PARTNER
                   MR. ANIL KUMAR SHETTY,
                   S/O. LATE KRISHNA SHETTY,
                   AGED ABOUT 50 YEARS.
                                                               ...PETITIONER
                   (BY SRI. ANANDARAMA K., ADVOCATE)
Digitally signed
by SHARADA         AND:
VANI B
Location: HIGH     1.   STATE OF KARNATAKA,
COURT OF                TRANSPORT DEPARTMENT,
KARNATAKA
                        M.S. BUILDING, BENGALURU - 560 001,
                        REPRESENTED BY
                        PRINCIPAL SECRETARY TO GOVERNMENT.
                   2.   REGIONAL TRANSPORT OFFICER,
                        OFFICE OF THE REGIONAL TRANSPORT OFFICER,
                        MANGALORE , D.K. - 575 001.
                   3.   DEPUTY TRANSPORT OFFICER AND
                        SENIOR REGIONALTRANSPORT OFFICER,
                        OFFICE OF THE DEPUTY TRANSPORT OFFICER AND
                        SENIOR REGIONAL TRANSPORT OFFICER,
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                                                 NC: 2023:KHC:30918
                                              WP No. 18439 of 2023



       MANGALORE, D.K. - 575 001.
                                                    ...RESPONDENTS
(BY SMT. JYOTI M MARADI, HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS PERTAINING TO THE ORDER NO. PRAA SAA A
MAM/KA-19/MK-8444/2020-21            DATED:25/07/2023
(ANNEXURE-L) PASSED BY R-3 HEREIN AND ETC.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                                  ORDER

The impugned order having been made under

Section 8A of the Karnataka Motor Vehicles Taxation Act,

1957, the same is appealable under Section 15. There is

no extraordinary circumstance for granting inference in

writ jurisdiction, as rightly contended by learned AGA

appearing for the Revenue.

2. The submission of Petitioner's counsel that

pursuant to notice in question he had sent his

representation in the light of judgment of a Co-ordinate

Bench of this Court in his earlier W.P.No.10729/2023

disposed off on 08.06.2023, he is also entitled to be heard

personally, can be examined by the Appellate Authority

vide KATYANAMMA vs DEPUTY COMMISSIONER FOR

NC: 2023:KHC:30918 WP No. 18439 of 2023

TRANSPORT, 1988 ILR KAR 352, and therefore, that

question is left intact, along with all other contentions

including those urged in the Writ Petition.

In view of the above, writ petition is disposed off

reserving liberty to the Petitioner to avail alternate remedy

as indicated above, all contentions having been kept open.

To facilitate such availment, the impugned order is kept in

hibernation for a period of four weeks within which, he can

prefer the appeal. If appeal is accordingly filed, the issue

of limitation, latches & delay would not arise.

Costs made easy.

Sd/-

JUDGE

ABK

CT:SNN