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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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

 
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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 

 
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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, 

 
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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

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