IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.2955 OF 2018 (MV) BETWEEN:
THE KARNATAKA STATE ROAD TRANSPORT CORPORATION, K.H.ROAD, SHANTHINAGAR, BENGALURU -560 027, BY ITS MANAGING DIRECTOR, NOW REPRESENTED BY ITS CHIEF LAW OFFICER.
... APPELLANT (BY SRI. HAREESH BHANDARY T, ADVOCATE) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU URBAN REGION, JAYANAGARA SHOPPING COMPLEX, BENGALURU-560011 BY ITS SECRETARY.
2. SRI.P. NARASIMHAMURTHY SON OF PUTTANARSIMHAIAH, AGED ABOUT 43 YEARS, RESIDING AT NO.14, MIRZA ROAD, ANEKAL, BENGALURU-562106.
(BY SRI. S S MAHENDRA, AGA.) ... RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL BY SETTING ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED 23/08/2018 IN WRIT PETITION No.13725/2018 [MV].
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, S.G.PANDIT J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the impugned order dated 23.08.2018. passed by the learned Single Judge in W.P. No.13725 of 2018, by which the writ petition was disposed off remanding for fresh consideration, the 2nd respondent is in appeal.
2. The petitioner states that he is a stage carriage permit holder to operate on the route between Muthaghatti to Bengaluru and back. The petitioner was granted permit under Permit No.08/1998-99, which was valid up to 11.10.2013. The same was renewed at petitioner’s request up to 30.09.2017. The petitioner was operating under Bengaluru and BTS Scheme. The renewal made in favour of the petitioner was challenged by the 2nd respondent – Karnataka State Road Transport Corporation before the Karnataka State Transport Appellate Tribunal in Revision Petition No.629 of 2011. The said revision petition was allowed by order dated 16.07.2015 setting aside the renewal of permit made in favour of the petitioner. Subsequently the State Government issued notification dated 05.08.2015 modifying certain schemes. The said notification was challenged in writ petition Nos.41330-41340 of 2015 and connected matters before this Court. This Court by order dated 03.05.2017 allowed the writ petitions and quashed the notification dated 05.08.2015.
3. The State Government thereafter came up with fresh notification dated 28.09.2017 modifying several schemes including the Benguluru and BTS Scheme. Under the modified scheme, which is produced at Annexure-F to the writ petition, it could be seen that the permit holders who were operating as on 14.01.2002 were exempted and they were saved under the scheme. The petitioner filed writ petition challenging the order dated 16.07.2015 in Revision Petition No.629 of 2011 passed by the Karnataka State Transport Appellate Tribunal contending that under notification dated 28.09.2017, he is a saved operator and entitled for the benefit of notification dated 28.09.2017. The learned Single Judge on hearing the parties to the lis set side the order dated 16.07.2015 passed in Revision Petition No.629 of 2011 and remanded the same for fresh consideration in the light of the notification dated 28.09.2017.
4. Heard the learned counsel for the appellant and learned Additional Government Advocate for respondent No.1. Perused the appeal papers.
5. Learned counsel for the appellant submits that the learned Single Judge committed an error in remanding the matter for fresh consideration. He further contends that the petitioner has not chosen to challenge the Tribunal’s order immediately. Further it is submitted that the petitioner is no longer holding the valid permit, hence he is not a saved operator.
6. On perusal of the appeal papers and on hearing learned counsel for the parties, we are of the view, that no ground is made out to interfere with the remand order passed by the learned Single Judge. Admittedly the petitioner was holding stage carriage permit since 1998- 1999 for the route between Muthaghatti to Bengaluru and back under Bengaluru and BTS scheme. His permit was renewed up to 30.09.2017. The renewal was challenged in Revision Petition No.629 of 2011, which was allowed by order dated 16.07.2015 and renewal was set aside. The Government issued Notification dated 28.09.2017 modifying several schemes including Bengaluru and BTS Scheme, which is clear from Annexure-F notification dated 28.09.2017. On application of mind and in the facts and circumstances of the case, the learned Single Judge by setting aside the order of the Tribunal remanded the same to the Tribunal for fresh consideration in the light of Notification dated 28.09.2017. We see no perversity in the order passed by the learned Single Judge. Moreover, the appellant would get an opportunity to vent its grievance before the Tribunal. It is for the petitioner to prove before the Tribunal that he is a valid permit holder as on 14.01.2002 and he is entitled for the benefit of Notification dated 28.09.2017. Hence, we see no ground to interfere with the impugned order dated 23.08.2018. passed by the learned Single Judge in W.P. No.13725 of 2018. Accordingly, writ appeal is dismissed.
7. Consequently, I.A.No.1 of 2018 filed for stay does not survive for consideration. Hence, the application is dismissed.
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JUDGE JUDGE NG* CT:bms