IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT APPEAL NO.3979 OF 2012 (MV) BETWEEN:
SMT. KHAMARUNNISA W/O. LATE MR. P. LALA SHERIFF AGE : 68 YEARS PROPRIETRIX, SHERIFF EXPRESS SRINIVASAPURA, KOLAR DISTRICT.
... APPELLANT (BY SRI B.R. SUNDARARAJA GUPTA, ADVOCATE) AND:
1. THE KARNATAKA STATE TRANSPORT AUTHORITY MULTISTOREYED BUILDINGS DR. AMBEDKAR VEEDHI BANGALORE – 560 001 BY ITS SECRETARY.
2. KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE KENGAL HANUMANTHAIAH ROAD BANGALORE – 560 027 BY ITS MANAGING DIRECTOR.
2.
... RESPONDENTS (BY SRI. LAKSHMINARAYAN, AGA FOR R1 SRI. HAREESH BHANDARY T., ADVOCATE FOR RESPONDENT NO.2) THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.21865/2005 (MV) DATED 28.05.2012.
THIS APPEAL COMING ON FOR HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 28th May, 2012 passed in Writ Petition No.21865 of 2005 by the learned Single Judge in dismissing the writ petition by following the earlier order passed by this Court dated 21st April, 2011 in Writ Petition Nos.4052-54 of 2004 and other connected matters, the writ petitioner has filed this appeal.
2. The learned counsel for the appellant has also filed an application to produce additional documents which are the Gazette Notifications dated 28th September, 2017 and 7th March, 2019. On hearing the learned counsels, I.A.No.1 of 2019 is allowed. The additional documents are taken on record.
3. The appellant’s counsel submits that in view of the gazette notifications, the matter would have to be re-considered by the Tribunal.
4. On considering the said contention, we are of the view that the plea requires to be accepted. In view of the changed circumstances, the matter requires to be reconsidered by the Tribunal, keeping in view the gazette notifications of the Government dated 28th September, 2017 and 7th March, 2019.
5. Under these circumstances, the Writ Appeal is allowed. The order of the learned Single Judge dated 28th May, 2012 passed in Writ Petition No.21865 of 2005 is set-aside. The matter is remitted to the Tribunal for a fresh consideration in accordance with law, keeping in mind the aforesaid two notifications.
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JUDGE JUDGE GH