IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.17968/2018 (MV) AND WRIT PETITION NO.23970/2018 Between:
Karnataka State Road Transport Corporation, Central Office, K.H.Road, Bengaluru – 560 027.
By its Chief Law Officer. …Petitioner (By Sri.Hareesh Bhandary T., Advocate) And:
1. Karnataka State Transport Authority, Represented by its Secretary, 1st Floor, T.T.M.C. Building, Shanthingar, Bengaluru – 560 027.
2. Sri.Madhava K.S., Shree Lakshmi Nilaya, 1st Main, 2nd Cross, Vijayanagara, Shimoga – 577 425. ...Respondents (By Sri.A.S.Parasara Kumar, Advocate for R2; Sri.Dildar Shiralli, HCGP for R1) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed by the Karnataka State Transport Authority for renewing the permit bearing No.9/2002-2003 and issued endorsement on 08.09.2017 vide Annexure – A and A1 and etc., These petitions coming on for orders this day, the Court made the following:
ORDER The petitioner has challenged the order dated 06.05.2017 passed by the Karnataka State Transport Authority for renewing the permit bearing No. 9/2002- 2003 and endorsement issued on 08.09.2017 bearing No. STA-5/RENL-PR-37/2017-18.
2. The learned counsel appearing for the parties, ad idem submit that, in view of the notification dated 07.03.2019 issued by the Government of Karnataka, the matter requires reconsideration by the respondent No.1 – Authority, and accordingly seeks for disposal of the writ petitions by setting aside the orders impugned at Annexures `A’ and `A1’, restoring the proceedings to the file of the respondent No. 1 – Authority, to reconsider the matter in the light of the notification dated 07.03.2019 issued by the Government of Karnataka.
3. The said submission of the learned counsel appearing for the parties is placed on record.
4. Writ petitions stand disposed of by setting aside the impugned Annexures `A’ and `A1’ dated 06.05.2017 and 08.09.2017 respectively, keeping open all the contentions of both the parties. The proceedings are restored to the file of the respondent No.1 for reconsideration in the light of the notification dated 07.03.2019 and the respondent No.1 shall reconsider the matter, after hearing the parties and take a decision in accordance with law, in an expedite manner, in any event, not later than twelve weeks from the date of receipt of certified copy of the order.
The respondent No.2 is permitted to operate on the route till the decision is taken by the respondent No.1.
Sd/- JUDGE mgn/-