IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE *29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.56683 OF 2018 C/W WRIT PETITION NOS.5341-5354 OF 2019 (MV) IN WRIT PETITION NO.56683 OF 2018 BETWEEN:
DAVANAGERE PRIVATE BUS OWNERS ASSOCIATION (REGD.) SRI KRISHNA ENGINEERING WORKS OPP. TO OLD BUS STAND DAVANAGERE BY ITS PRESIDENT PIN-577 001 … PETITIONER (BY SRI.M.E.NAGESH, ADV.) AND:
1. THE SECRETARY REGIONAL TRANSPORT AUTHORITY DAVANAGERE-577 001 2. THE REGIONAL TRANSPORT AUTHORITY DAVANAGERE BY ITS SECRETARY PIN- 577 001 3. THE DEPUTY COMMISSIONER AND CHAIRMAN RTA DAVANAGERE PIN-577 001 4. KARNATAKA STATE ROAD TRANSPORT CORPORATION DAVANAGERE DIVISION BY ITS DIVISIONAL CONTROLLER DAVANAGERE-577 001 *Corrected vide chamber order dated: 23.09.2019 5. THE TRAFFIC POLICE INSPECTOR DAVANAGERE PIN-577 001 6. THE COMMISSIONER DAVANAGERE MAHANAGARA PALIKE DAVANAGERE-577 001 ... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA TO R1 TO R3, R5 & R6 SRI.HAREESH R BANDARY, ADV. FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE REPRESENTATION VIDE ANNEXURE-G GIVEN BY THE PETITIONER ON 20.02.2018 TO RESTRICT THE ENTRY OF KSRTC BUSES TO THE PRIVATE BUS STAND IN DAVANAGERE AND ETC.
IN WRIT PETITION NOS.5341-5354 OF 2019 BETWEEN:
1. SRI. SYED ANWAR S/O. LATE. UBEDULLA, AGED ABOUT 50 YEARS BUS OPERATOR, JAGALUR DAVANAGERE ROAD, NAYAKANAHATTI, CHITRADURGA DISTRICT 2. SRI. ABUBEKAR SIDDIQ S/O. LATE. K IBRAHIM SAB, AGED ABOUT 56 YEARS BUS OPERATOR, OPP: CANARA BANK, NAYAKANAHATTI, CHITRADURGA DISTRICT 3. SRI. M R SATHISH S/O. M C RENUKARYA, AGED ABOUT 48 YEARS BUS OPERATOR, TARALUBALU EXTENSION, HABADI ROAD, DAVANAGERE 4. SRI.G.A.PEER PASHA S/O. G A SYED ASADULLA, AGED ABOUT 44 YEARS BUS OPERATOR, GOPAGONDANAHALLI, BISTUVALLI POST 577 521, JAGALUR TALUK, DAVANAGERE DISTRICT 5. SRI. M N VEERENDRA PATIL S/O. LATE. P S NAGANA GOWDA, AGED ABOUT 55 YEARS BUS OPERATOR, NADIGINIKERE POST, JAGALUR TALUK 577 553, DAVANAGERE DISTRICT 6. SRI. B S VEERERSH S/O. B S LOKANATH, AGED ABOUT 33 YEARS BUS OPERATOR, JAYANAGAR, A BLOCK, DAVANAGERE 7. SRI. SATHWIK S/O. G T VIJAY KUMAR, AGED ABOUT 34 YEARS BUS OPERATOR, CHIKKAGONDANAHALLI, CHITRADURGA DISTRICT 8. SRI. MOHAMMED ASLAM S/O. ABDUL SATTAR SAB, AGED ABOUT 51 YEARS BUS OPERATOR, BILICHODU POST, JAGALUR TALUK, DAVANAGERE DISTRICT 9. SRI. MOHAMMED ILIYAS S/O. ABDUL SHABBEER SAB, AGED ABOUT 28 YEARS BUS OPERATOR, BILICHODU POST, JAGALUR TALUK, DAVANAGERE DISTRICT 10. SRI. MOHAMMED IMTIYAS S/O. ABDUL SHABBEER SAB, AGED ABOUT 29 YEARS BUS OPERATOR, BILICHODU POST, JAGALUR TALUK, DAVANAGERE DISTRICT 11. DR. RAVISHANKAR SAJJAL S/O. LATE. SREEKANTAPPA H S, AGED ABOUT 52 YEARS BUS OPERATOR, KRITI NILAYA, 1ST MAIN, 2ND CROSS, BASAVESHWARA NAGAR, BELLARY 12. SRI. M.N.RAJU S/O. P C NAGAN GOUD, AGED ABOUT 47 YEARS BUS OPERATOR, MEDAGINAKERE POST, JAGALUR TALUK, DAVANAGERE DISTRICT 13. SRI. M C BASAVARAJAPPA S/O. CHANNABASAPPA, AGED ABOUT 54 YEARS BUS OPERATOR, SUREDDIHALLI, JAGALUR POST AND TALUK, DAVANAGERE DIST 14. SRI. S V RAGHUNANDAN S/O. VEERANNA, AGED ABOUT 42 YEARS BUS OPERATOR, BG KERE, CHITRADURGA DISTRICT (BY SRI.A.S.PARASARA KUMAR, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORAITY, … PETITIONERS OPP: OFFICE OF THE SUPERINTENDENT OF POLICE, DEVARAJ URS LAYOUT, DAVANAGERE 577001 2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY, OPP: OFFICE OF THE SUPERINTENDENT OF POLICE, DEVARAJ URS LAYOUT, DAVANAGERE 577001 3. THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, KH ROAD, SHANTHINAGAR, BANGALORE 560027, DAVANAGERE REGION, DAVANAGERE 4. THE COMMISSIONER MAHANAGARA PALIKE, PB ROAD, DAVANAGERE 577001 ... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA TO R1 & R2, SRI.HAREESH BANDARY T., ADV. FOR R-3 SRI.G.M.CHANDRASHEKAR, ADV. FOR R-4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE PRDER AND ISSUE OF PERMITS BY THE R-2 IN FAVOUR OF R-3 PERMIT VALID UPTO DTD: 04.07.2020, 13.07.2010, 28.07.2020 RESPECTIVELY AND PERMIT VALID UPTO 03.01.2021 COVERED UNDER THE VEHICLE AS ON TODAY VIDE ANNEXURE-A TO F AND H TO L AND ETC.
THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER IN W.P. No.56683/2018 Petitioner has sought for the following relief:
(a) Call for records.
(b) Issue a writ of mandamus directing the 3rd respondent to consider the representation vide Annexure – G given by the petitioner on 20.02.2018 to restrict the entry of KSRTC buses to the private Bus Stand in Davanagere.
(c) And for a direction to the respondents to follow the decision taken on 15.02.2008 & 19.03.2008 with regard to entry of STU buses to the private bus stand as per Annexures – B and C respectively.
(d) and for any order or direction, directing the fourth respondent’s buses not to enter private bus stand at Davanagere.
2. Concerned respondents have not taken decision on the petitioner’s grievance stated in the representation r/w the rule 102 of the Karnataka Vehicles Rules, 1989. Learned counsel for the petitioner pointed out an internal communication between the Secretary, Regional Transport Authority, Davanagere to Davanagere Divisional Controller, KSRTC Davanagere Divisional, Davanagere, that KSRTC buses where not required halt their buses in the Municipal property/bus stand. In view of these facts and circumstances, concerned respondents are hereby directed to take decision in terms of Rule 102 of the Rules, 1989. Such decision shall be taken within a period of eight weeks from the date of receipt of this order.
Accordingly, writ petition stands disposed of.
W.P. NO.5341-5354/2019 In the instant petition, petitioners have sought for the following relief:
Issue a writ in the nature of certiorari quashing the order and issue of permits by the 2nd respondent in favour of 3rd respondent vide permit Nos.STU/37-05-06, STU/38/05-06. 39/05-06. 40/05-06, 45/05-06, 46/05-06 valid upto 4.7.2020, 13.7.2020, 28.7.2020 respectively and permit Nos.PSTP/49/10-11, 50/10-11, 51/10-11, 2/10-11 valid upto 3.1.2021 covered under the vehicles as on today vide Annxures-A to F& H to L.
2. Learned counsel for the petitioners vehemently contended that clause imposed in Annexure-A that KSRTC buses shall not halt in a private bus stand and pick up the passengers. Despite imposing of such condition in the permit, KSRTC buses are repeatedly on day to day basis halting their buses in a private bus stand. To that extent, he has produced Annexure-W photograph. Thereafter, despite making number of requests to the various authorities there is inaction on the part of the concerned authority in preventing KSRTC buses to halt in a private bus stand and it is in violation of permit issues to KSRTC vide Annexures - A to F and S to U.
3. On the other hand, learned counsel for the respondents disputed the facts stating that it is not a private bus stand and it is a Municipal bus stand.
These are all disputed factual aspects. That apart, concerned Officers were required to pass suitable order whenever representation/allegations are made against the KSRTC. There is a total inaction on the part of the officials in not taking any action on the grievance of the petitioners. In view of theses facts and circumstances, Transport Department officials, Municipal officials and KSRTC officials are hereby directed to resolve issue relating to halting of KSRTC buses in a private bus stand/Municipal bus stand. Transport Department officials, Municipal officials and KSRTC officials are hereby directed to constitute a committee under the Chairmanship of Deputy Commissioner, Davanagere. Such committee shall take appropriate decision in respect of issue relating to halting of KSRTC buses in a private bus stand/Municipal bus stand. Such decision shall be communicated to the petitioners within a period of ten weeks from the date of receipt of this order.
4. With the above observation, writ petition stands is disposed of.
Interim order to continue till the concerned authority takes decision. All the three departments i.e. Transport, Municipal and KSRTC officials are hereby directed to meet the Deputy Commissioner of the Davanagere District in his Office on 16.10.2019 so also petitioners were directed to appear at 10.30 a.m. on 16.10.2019. Petitioners were permitted to reiterate their grievance in writing. Copy of this order shall be communicated to the State Counsel.
Sd/- JUDGE BS