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.8343/2019 (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. SUNITHA D/O LATE YELLAPPA AGED ABOUT 45 YEARS SRI. BASAVESHWARA MOTORS DABASPET, NELAMANGALA TALUK BENGALURU RURAL-562113.
…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 ENDORSEMENT OF RENEWAL OF PERMIT THE R-2 SECRETARY DATED: 03.08.2018 VIDE ANNEXURE-D & ETC., 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 endorsement issued by respondent No.2 – Secretary, RTA, dated 03.08.2018 whereby the Stage Carriage Permit No.11/92-93 valid up to 14.06.2017 covered by Stage Carriage Motor Vehicle No.KA-06-D-2006 for the route Tumkur to Doddaballapura and back held in the name of respondent No.3 is renewed for a period of five years from 15.06.2017 to 14.06.2022 with effect from 03.08.2018 subject to usual conditions already attached to the permit.
2. The main ground of challenge to the endorsement impugned is that respondent No.2 – the Secretary, Regional Transport Authority has no jurisdiction to renew the permit of respondent No3 in view of the orders passed by the Karnataka State Transport Appellate Tribunal in identical circumstances, one such order considered and disposed of by this Court in W.P.Nos.8355-8356/2019 [D.D. 21.11.2019].
3. Learned counsel for respondent No.3 does not dispute the same.
4. In view of the aforesaid, the order/endorsement impugned dated 03.08.2018 at Annexure – D is quashed. The matter is remitted to respondent No.1 – RTA to consider the matter in accordance with law 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.
5. Respondent No.3 shall continue to operate the services till the decision is taken by respondent No.1.
Writ petition stands disposed of accordingly.
PMR Sd/- JUDGE