IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.12373 – 12374/2018 (MV) BETWEEN:
1. CANARA BUS OPERATORS’ ASSOCIATION, MANGALORE, BY ITS PRESIDENT K.RAJAVARAMA BALLAL S/O PANDIYARAJA BALLAL, BALLAL MOTOR SERVICE KANKANADY, MANGALORE, D.K.DISTRICT.
2. D.K. BUS OPERATORS ASSOCIATION MILAGRES BUILDING, MANGALORE-01, BY ITS GENERAL SECRETARY BHASKAR SALIAN ... PETITIONERS [BY SRI M.E.NAGESH, ADV.] AND:
1. THE PRINCIPAL SECRETARY TO THE TRANSPORT, M.S.BUILDING, BANGALORE-01.
2. THE STATE TRANSPORT AUTHORITY M.S.BUILDING, BANGALORE-01, BY ITS SECRETARY.
3. THE REGIONAL TRANSPORT AUTHORITY DAKSHINA KANNADA, MANGALORE-576101 BY ITS SECRETARY 4. THE REGIONAL TRANSPORT AUTHORITY, UDUPI-575001 BY ITS SECRETARY. …RESPONDENTS [BY SRI DILDAR SHIRALLI, HCGP.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND DIRECT THE R-1 TO ISSUE A NOTIFICATION UNDER SECTION 67[1][i] OF THE M.V. ACT 1988 FIXING THE BUS FARE TAKING INTO CONSIDERATION OF THE INCREASED PRICE FOR FUEL, TAX AND INSURANCE A STAGE CARRIAGE AS PRAYED FOR IN THE ANNEXURE-B3.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Though the petitions are filed seeking for a writ of mandamus directing respondent No.1 to issue a notification under Section 67(1)(i) of the Motor Vehicles Act, 1988, fixing the bus fare taking into consideration the increased price of fuel, tax and insurance to a stage carriage as prayed for in the Annexure – B3 and to implement the same through the State Transport Authority, the learned counsel for the petitioners submits that the grievance of the petitioners would be redressed, if respondent No.1 is directed to consider the representation submitted by the petitioners as per Annexure – B3 in accordance with law.
2. It is the grievance of the petitioners that despite several requests/representations made, there is no positive response from the respondents.
3. Considering the totality of the circumstances of the case, this Court is of the considered view that interest of justice would be sub-served in directing respondent No.1 to consider the representation at Annexure – B3 dated 27.01.2018 submitted by the petitioners and take a decision in accordance with law in an expedite manner, in any event, not later than twelve weeks from the date of receipt of the certified copy of the order.
With the aforesaid directions, these writ petitions stand disposed of.
Sd/- JUDGE PMR