IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.8327/2019 (MV) BETWEEN:
KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, K.H.ROAD, BENGALURU-560 027. BY ITS CHIEF LAW OFFICER.
AND:
... PETITIONER [BY SRI. HAREESH BHANDARY T., ADV.] 1. REGIONAL TRANSPORT AUTHORITY BANGALORE RURAL REP. BY ITS CHAIRMAN VISHWESHWARAIAH TOWERS AMBEDKAR VEEDI, BENGALURU-560 001.
2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY BANGALORE RURAL SECOND FLOOR, BDA COMPLEX 3RD BLOCK, KORAMANGALA BENGALURU-560 034.
3. SMT. ZEENATH KOUSAR W/O SHABIR AHMED MAJOR No.14/1, 2ND CROSS, BANGEEYAPPA GARDEN SHANTHINAGAR, BENGALURU-560 027..
…RESPONDENTS [BY SRI.SHIVA PRABHU S HEREMATH, AGA FOR R1 & R2 SRI B.R.S.GUPTA, ADV. FOR R3.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE R-2 SECRETARY DATED:14.03.2018, VIDE ANNEXURE-D AND QUASH THE ORDER PASSED KSTAT IN R.P.NO.638/2012 AND DATED:03.10.2017 VIDE ANNEXURE-A1.
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 challenged the order passed by respondent No.2 – Secretary bearing order No.RTA, BEN(RU)/STP/RENL/17-18 dated 14.03.2018 as well as the order passed by the Karnataka State Transport Authority Tribunal (‘Tribunal’ for short) in R.P.No.638/2012 dated 03.10.2017.
2. Learned counsel for the petitioner has not pressed the second prayer.
3. The main ground of challenge to the order impugned is that respondent No.2 – the Secretary, Regional Transport Authority has no jurisdiction to renew the permits in view of the directions issued by the Tribunal in Revision Petition No.638/2012 dated 03.10.2017.
4. Learned counsel for respondent No.3 concurs the same.
5. In view of the aforesaid, the order/endorsement impugned dated 14.03.2018 at Annexure – D is quashed. The matter is remitted to respondent No.1 – RTA to consider the matter in the light of the directions issued by the Tribunal in R.P.No.638/2012 dated 03.10.2017. The respondent No.1 shall consider the matter and take a decision after hearing the parties concerned in an expedite manner, in any event, not later than eight weeks from the date of receipt of the certified copy of the order. All the rights and contentions of the parties are left open.
6. Respondent No.3 shall continue to operate the services till the decision is taken by respondent No.1.
Writ petition stands disposed of accordingly.
Sd/- JUDGE PMR