IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.5129 – 5130/2019 (MV) BETWEEN:
M/s HANUMAN TRANSPORT CO. PVT. LTD, CHIT PADY, UDUPI – 576101 REP BY ITS GPA HOLDER, SRI K.MANJUNATH PAI, S/O ANAND PAI, AGED ABOUT 41 YEARS R/AT RANGANAPALIKE HOUSE, KOWDOOR VILLAGE, KARKALA TALUK, UDUPI DISTRICT – 576101 ... PETITIONER [BY SRI R.LOKESH, ADV.] AND:
1 . THE REGIONAL TRANSPORT AUTHORITY SARIGE BHAVANA RAJATHADRI, MANIPAL, UDUPI - 576102 REP BY ITS SECRETARY 2 . THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY SARIGE BHAVANA RAJATHADRI, MANIPAL, UDUPI - 576102 3 . SRI PRASAD BALLAL S/O LATE SUBODH BALLAL, PROPRIETOR: BALLAL MOTOR SERVICE HEBRI, UDUPI DISTRICT- 576101 4 . THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE - 560027 MANGALORE DIVISION MANGALORE – 575004 …RESPONDENTS [BY SRI SHIVAPRABHU S. HIREMATH, AGA FOR R-1 & R-2; SRI HAREESH BHANDARY, ADV. FOR R-4; R-3 SERVED.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE TRIBUNAL IN SO FAR IT RELATES TO R.P.No.8 AND 9/2018 DATED 08.02.2018 IN MODIFYING THE TIMINGS ON A JOINT MEMO FILED BY THE R-3 AND 4 VIDE ANNEXURES-G AND H.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order dated 08.02.2018 passed by the Tribunal in modifying the timings on a joint memo filed by respondent Nos.3 and 4 at Annexures – G and H respectively.
2. The petitioner is an existing operator of the route Udupi to Peredoor. It transpires that Regional Transport Authority, Udupi, on 21.03.2017 granted 58 fresh stage carriage permits in favour of respondent No.4–Karnataka State Road Transport Corporation on different routes in the district of Udupi including the present route. Respondent No.3 challenged the said timings assigned to respondent No.4 by the Regional Transport Authority mainly on the ground that no permit ought to have been granted with the timings assigned by the Regional Transport Authority. On the joint memo filed by respondent Nos.3 and 4 seeking for modification of the timings, the Tribunal passed an order modifying the timings on the basis of the joint memo. Being aggrieved, the petitioner is before this Court.
3. It is trite that any order of modification of timings, if to be accepted by the Tribunal in terms of the joint memo filed by the parties, the interest of the other existing operators also requires to be considered. Such modification of the timings if adversely affects the interest of other existing operators, the same requires to be considered by respondent No.2. The plea of the petitioner to remand the matter to respondent No.2 to re-consider the assignment of timings granted to respondent Nos.3 and 4 requires consideration by this Court.
4. Hence, the order impugned at Annexure – G dated 08.02.2018 is set aside. The matter is remanded to respondent No.2 to re-consider the timings assigned to respondent Nos.3 and 4 after hearing all the stake holders/existing operators in the route in question. Such decision shall be taken by respondent No.2 in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of the order. Till then, the parties shall continue to operate their services as per the existing timings.
With the aforesaid observations and directions, the writ petitions stand disposed of.
Sd/- JUDGE PMR