IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.10600/2017 (MV) BETWEEN :
J.SUSHEEL KUMAR S/O G.V.JAYARAM, AGED ABOUT 30 YEARS, MARUTHI NILAYA, GOTTIGERE, BANNERGHATTA ROAD, GOTTIGERE POST, BENGALURU - 560 083. ...PETITIONER (BY SRI H.B.NAGARAJA, ADV.) AND :
1. THE REGIONAL TRANSPORT AUTHORITY BANGALORE RURAL, BY ITS SECRETARY, B.D.A. COMPLEX, KORAMANGALA, BENGALURU - 560 034.
2. KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, K.H.ROAD, SHANTHINAGAR, BANGALORE - 560 027 REP BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1; SRI B.PHALAKSHAIAH, ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS OF THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU IN RP.NO.1063/2012 DATED 19.06.2015 AT ANNEXURE-C.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has assailed the order dated 19.6.2015 passed by the Karnataka State Transport Appellate Tribunal, Bengaluru (‘Tribunal’ for short) in R.P.No.1063/2012 whereby revision petition filed by the respondent No.2-Karnataka Road Transport Corporation has been allowed setting aside the original grant of permit by respondent No.1.
2. The petitioner is claiming to be the state carriage operator operating on the strength of the permit granted by the respondent No.1 for the route Bengaluru to Lingapura and back.
3. The Tribunal allowed the revision petition mainly on the ground that the route permit originally granted was for three round trips, whereas at the time of renewal of permit, the same was modified to four round trips which is contrary to the provisions of the Motor Vehicles Act, 1988. Further, it is also observed that the permit overlaps the BTS scheme.
4. It is not in dispute that by virtue of the Notification dated 7.3.2019 issued by the Government of Karnataka, the matter requires re-consideration by the respondent No.1 – Authority insofar as the renewal of the permit.
5. Accordingly, the order impugned dated 19.6.2015 at Annexure-C to the writ petition is set aside and the matter is remitted to the respondent No.1- Authority to re-consider the application for renewal of permit, in accordance with law, keeping in mind the Notifications dated 28.9.2017 and 7.3.2019 issued by the Government of Karnataka. The respondent No.1 shall take a decision in the matter after providing an opportunity of hearing to all the stake holders after conducting the joint route survey, if necessary, in an expedite manner, in any event, not later than 12 weeks from the date of receipt of certified copy of the order. All the rights and contentions of the parties are left open.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE Dvr: