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 No.43019/2017 c/w W.P.Nos.10991 – 10992/2017 (MV) IN W.P.No.43019/2017:
BETWEEN:
M/s HANUMAN TRANSPORT CO. (P) LTD., NO.76 BADAGABETTU, UDUPI BY ITS GPA HOLDER M.NARENDRA PAI S/O VITTAL K. PAI 5TH CROSS, VIJAYANAGAR SHIVAMOGGA …PETITIONER (BY SRI A.S.PARASARA KUMAR, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY UDUPI, RAJATHADRI, MANIPAL UDUPI DISTRICT-576 104, BY ITS SECRETARY 2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY RAJATHADRI, UDUPI-576 104 3. MANAGING DIRECTOR THE KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H.ROAD, SHANTHINAGARA, BANGALORE-560027.
(CAUSE TITLE AMENDED VIDE COURT ORDER DATED 12.10.2017) …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1 & R-2; SRI HAREESH BHANDARY T., ADV. FOR R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT OF MANDAMUS TO THE SECRETARY RTA, UDUPI TO RATIONALIZE THE TIMINGS OF EXISTING STAGE CARRIAGE PERMITS ISSUED BY THE RTA, UDUPI BEFORE ASSIGNING ANY FRESH TIMINGS TO THE STAGE CARRIAGE SERVICES.
IN W.P.Nos.10991 – 10992/2017:
BETWEEN:
1. SRI BHARATH KUMAR S/O SANATH KUMAR RAI, AGE 48 YEARS, BALMATA NEW ROAD, MANGALURU,, D.K DISTRICT-575001 2. UDUPI CITY BUS OWNERS ASSOCIATION (R) SADANANDA TOWERS, OPP. CITY BUS STAND, UDUPI CITY-576101 BY ITS PRESIDENT, K.SURESH NAYAK, S/O LATE DEVARAYA NAYAK, AGE 45 YEARS …PETITIONERS (BY SRI M.E.NAGESH, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY UDUPI, RAJATHADRI, MANIPAL, UDUPI DISTRICT-576104 BY ITS SECRETARY 2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY RAJATHADRI, UDUPI-576104 3. MANAGING DIRECTOR, KARNATAKA STATE ROAD TRANSPORT CORPORATION (KSRTC), CENTRAL OFFICE, K.H.ROAD, SHANTHINAGARA, BENGALURU-560027.
4. SRI K.SUDHAKRA SHETTY S/O LATE KRISTHAPPA SHETTY AGED ABOUT 59 YEARS DURGAPRASAD MOTORS, ANKADAKATTE, KOTESHWARA VILLAGE & POST, KUNDAPURA-576222 UDUPI DISTRICT.
5. SMT.SOORYAPRABHA SHETTY W/O K.SUDHAKARA SHETTY AGED ABOUT 59 YEARS DURGAPRASAD MOTORS, ANKADAKATTE, KOTESHWARA VILLAGE & POST, KUNDAPURA-576222 UDUPI DISTRICT.
6. SRI K.SUBHASHCHANDRA SHETTY S/O KRISTHAPPA SHETTY AGED ABOUT 54 YEARS INDRA MAHAL MAIN ROAD, KUNDAPURA-576201 UDUPI DISTRICT.
(CAUSE TITLE AMENDED VIDE COURT ORDER DATED 31.05.2017) …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1 & R-2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT OF MANDAMUS TO THE SECRETARY RTA, UDUPI TO RATIONALIZE THE TIMINGS OF EXISTING STAGE CARRIAGE PERMITS OPERATING IN THE DISTRICT BEFORE ASSIGNING ANY FRESH TIMINGS TO THE STAGE CARRIAGE SERVICES.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have sought for a writ of mandamus directing the Secretary, RTA, Udupi to rationalize the timings of existing stage carriage permits issued by the RTA, Udupi before assigning any fresh timings to the stage carriage services.
2. The learned counsel appearing for the petitioners fairly submits that the writ petitions have become infructuous for two reasons namely, the Secretary, RTA Udupi is now assigning the timings chronologically. Secondly, in view of the notification dated 07.03.2019 issued by the Government of Karnataka contemplating the comprehensive area scheme, the writ petitions do not survive for consideration.
Recording the aforesaid submissions, the writ petitions stand dismissed as having become infructuous.
Sd/- JUDGE NC.