Public excerpt
2024:KHC:20871
Court: High Court of Karnataka (High Court of Karnataka)
Case: KAHC010230332024
Parties: WP/12736/2024 of CAPTAIN ARVIND SHARMA Vs DIRECTOR GENERAL OF CIVIL AVIATION
Pages: 4
Characters (full): 4102
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- 1 - NC: 2024:KHC:20871 WP No. 12736 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12736 OF 2024 (GM-RES) BETWEEN: 1. CAPTAIN ARVIND SHARMA S/O LATE J P SHARMA AGED ABOUT 55 YEARS NO.99A, 17TH B MAIN ROAD, BLOCK 5, KORAMANGALA BANGALORE – 560 095 2. M/S AGNI AERO SPORTS ADVENTURE ACADEMY PVT LTD COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING OFFICE AT: JAKKUR AERODROME 12TH K.M, BELLARY ROAD, BANGALORE – 560 064 REPRESENTED BY ITS DIRECTOR MR. M K SRIRAM …PETITIONERS (BY SRI. DHRUV M PATWARI, ADVOCATE) AND: DIRECTOR GENERAL OF CIVIL AVIATION OPPOSITE SAFDARJUNG AIRPORT NEW DELHI – 110 003. REPRESENTED BY ITS DIRECTOR GENERAL …RESPONDENT (BY SRI. M UNNIKRISHNAN, CGC) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTUTUION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE APPLICATION DATED 02.03.2021 PRODUCED AS ANNEXURE-C AS PER LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:20871 WP No. 12736 of 2024 ORDER In this petition the petitioners seek the following reliefs: “a) Directing the respondent to consider the application dated 02.03.2021 produced as Annexure-‘C’ as per law in the interest of justice and equity. b) Pass any such order as this Honb’le Court deems fit in the circumstances of the case. c) Pass any such order to award costs.” 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioners invited my attention to the approval of examinership on Microlight Aircraft granted in favour of petitioner No.1 on 15.11.2002 for a period of five years, which was subsequently extended for further period of five years on 02.09.2008. It is the grievance of the petitioners that though petitioner No.1 made repeated requests and filed application for renewal of the aforesaid approval as examiner on Microlight Aircraft, the respondent has not considered the said request nor taken any decision/passed any orders on the aforesaid - 3 - NC: 2024:KHC:20871 WP No. 12736 of 2024 application/request at Annexures-C and D dated 02.03.2021 and 24.05.2021, respectively, submitted by petitioner No.1 and as such, the petitioners are before this Court by way of the present petition. 4. It is also submitted that an identical/similarly situated person Captain Vinitha, M C MPL 043, had been granted lifetime approval for functioning as an examiner on Microlight Aircraft vide Communication dated 18.03.2008 and consequently, petitioner No.1 would also be entitled to lifetime approval rather than approaching the respondent for every five years for approval and hence, necessary directions may be issued to the respondent. 5. Per contra, if reasonable time is granted, the respondent would consider the request of petitioner No.1 for renewal, his eligibility for renewal and period of renewal, lifetime or otherwise, in accordance with law. 6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition directing the respondent to address the grievances of the petitioners and consider and take appropriate decision on the application at Annexure-C and D dated 02.03.2021 and 24.05.2021, respectively, - 4 - NC: 2024:KHC:20871 WP No. 12736 of 2024 submitted by petitioner No.1, in accordance with law, as expeditiously as possible and at any rate, on or before 28.06.2024. 7. With the aforesaid observations and dir …