IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL Nos.4327 OF 2016 AND 5095 OF 2016 (MV) BETWEEN:
KARNATAKA STATE ROAD TRANSPORT CORPORATION BY ITS MANAGING DIRECTOR CENTRAL OFFICES K.H. ROAD, SHANTHINAGAR BENGALURU – 560 027 NOW REPRESENTED BY C.L.O. ... APPELLANT (BY SRI. T HAREESH BHANDARY, ADVOCATE) AND:
1. THE SECRETARY REGIONAL TRANSPORT AUTHORITY BENGALURU-MYSURU ROAD RAMANAGARAM PIN-571 511.
2. SRI H.R. NAGARAJ SON OF LATE SRI RAJU AGED ABOUT 45 YEARS SRI KRISHNA BUS SERVICE VIRUPASANDRA CHENNAPATNA TALUK RAMANAGARAM DISTRICT PIN-571 501. ... RESPONDENTS (BY SRI. B R SUNDARARAJA GUPTA, ADVOCATE FOR CAVEATOR/RESPONDENT NO.2 SMT. R ANITHA, HCGP FOR RESPONDENT NO.1) THESE APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION Nos.38378-38379/2016 DATED 05/10/2016.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 05.10.2016 passed by the learned Single Judge in Writ Petition Nos.38378-38379 of 2016 in directing the respondent to assign the timings to the permits concerned therein, the respondent No.2 has filed these appeals.
2. Learned counsel for the appellant contends that the learned Single Judge has committed an error in passing the impugned order and hence interference is called for. It is his contention that the permits were not issued, therefore, timings was not assigned. The same is disputed by the learned counsel for the respondents.
3. On hearing learned counsels, we find that on merits the learned Single Judge has passed an order only to the limited extent of directing the respondent to assign timings to the aforesaid permits within a period of two weeks from the date of receipt of copy of this order. The validity of the permits granted to the writ petitioners was not the subject matter before the learned Single Judge or before this Court. Therefore, the limited relief sought for was granted. It is needless to state that once permits are granted, necessarily, timings also will have to be assigned. Therefore, the petitioner is always at liberty to proceed in accordance with law, in questioning the validity of the permits.
With these observations writ appeals are disposed off.
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JUDGE JUDGE NG* CT:bms