V (2 I! THE HIGH COURT 0? KJRWATAKA AT BANGALORE DATED THIS fl 3RD tAT 0? APRIL 1998 BEflBE THE EOw’Bm WK.JUSTIOE B.LSANG.ALAD WRIT PETITION 10.11403/98 BETWEEN: “I’ .te) p Polanna teddy, K. I 6/0 late Donappa, major 2053, II Main Modi (!ompound, MDC ‘A’ Elock Davanagere. PETT ‘O’!R (By Sri Rajaeekhar, Advocate ) ETA, Davanagere, by its Secretary. RESPONDENT (By Sri LB.Prabhakar, Ii HOG?) This writ petition filed taMer articles 226 and 227 of the Conbtitutionof India preying to quash the condition Imposed by the ETA while granting the renewal and to obtain the renewal endorsement which is not older ax than 10 years. This writ petition coning on for prelimirny bearing tide day the Court made the xollowing —2- ORDER The petitioner hee fuel en Trnlic°tiOn for grant of ranevsl of the erie tint Stage Carriage Permit No.7/53 on 3.-11—1907. The RTA after conei.6ering the Ppplic’tion under t) subject No.55/97—98 gnnted the renewal with the condit ion that the petitioner has to produce the docitents of the vehicle which is not oIder than 10 years from the date of regietrstion for obtaining the renewal endorsement. The co of the order by Rfl is at Annexure-A. 2. learned counsel for the petit loner has submitted that the petitioner ha. been openting the vshiole without ny oompla mt. But tne authority without givinp aw opportu nity under law has straight away ii’mose4 the condition which is high3y improper snñ iflegsl. 3. Heard Sri ?#.P.Prabhak°r, learned TIOG?. 4. According to the petitioner t)’e vehicle now operating is of 1983 model. As on today it is 15 years. The condition imposed —3 by the RTA is that the vehicle should not be more than 10 years old. Now it is held by myself that it is not the model of the vehicle but the condition of te vehicle. Iooking to the 1983 model, I do not think thab the same biefit can be xtende to this netitioner also, One csn unde nd if the vehicle is aged Ifl yers or 11 years old. Since it is 15 years old the nryer ot tha petitioner cannot be granted. Moreover, the petitioner has not roruced any fitnee, certificate in this case. Hence the writ petition is liable to be dismissed. Accord— ingly it is diem sed. J akc/