IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.31913-31914/2019 (MV) BETWEEN:
K.R.SANJAY S/O K.P.RAJASHEKAR AGED ABOUT 39 YEARS PROP: RAJKUMAR MOTOR SERVICE No.140, M.B.C. ROAD CHIKKABALLAPURA-562101. …PETITIONER (BY SRI B.R.S.GUPTA, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BANGALORE RURAL BDA COMPLEX, KORAMANGALA BANGALORE-560034 BY ITS SECRETARY.
2. KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTAIAH ROAD SHANTHINAGAR, BANGALORE-560027 BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI SHIVA PRABHU S. HIREMATH, AGA. FOR R-1; SRI HAREESH BHANDARY.T., ADV. FOR R-2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL PASSED IN RP. No.720/2012 DATED 08.05.2015 AND RP No.96/2015 DATED 05.06.2015 MARKED AS ANNEXURE-C AND D RESPECTIVELY.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order of the Karnataka State Transport Appellate Tribunal, Bengaluru (‘Tribunal’ for short) passed in R.P.No.720/2012 dated 08.05.2015 and R.P.No.96/2015 dated 05.06.2015 at Annexures-C and D respectively to the writ petition whereby the Tribunal has allowed the revision petition filed by the petitioner/respondent No.2 herein setting aside the order of the original Authority in renewing the permit of the petitioner herein.
2. The petitioner is claiming to be the holder of a stage carriage permit bearing No.45/1999-2000 authorized to operate on route between Chikkaballapura to Doddaballapura and back. The petitioner had filed an application under Section 81 of the Motor Vehicles Act, 1988 r/w Rule 76 of the Karnataka Motor Vehicles Rules, 1989 for renewal of the permit. The respondent No.1 renewed the permit for a period of five years from the date of its expiry, against which the respondent No.2 preferred revision petition No.720/2012 and the same came to be allowed. Hence, these writ petitions.
3. Learned counsel appearing for the parties ad idem submit that the permit of the petitioner is a saved permit under the Notification dated 28.09.2017 as well as 07.03.2019 and hence the matters require re- consideration by the original Authority-respondent No.1 herein.
4. In view of the aforesaid, the orders impugned at Annexures-C and D dated 08.05.2015 and 05.06.2015 passed in R.P.No.720/2012 and R.P.No.96/2015 respectively are set aside and the proceedings are remitted to the file of the respondent No.1 to re-consider the application of the petitioner for renewal of permit in accordance with law keeping in mind the Notifications dated 28.09.2017 and 07.03.2019 issued by the Government of Karnataka 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 petitions stand disposed of.
Sd/- JUDGE NC.