IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.49885 – 49886/2019 (MV) BETWEEN :
1. SMT.LAKSHMI V.S., W/O K.P.LAVA, AGED 42 YEARS, FIROZA FARM, ARCHAKARA HALLI, B.M.ROAD, RAMANAGARA-562159 2. SRI K.P.LAVA S/O PUTTALINGE GOWDA AGED 49 YEARS, FIROZA FARM, ARCHAKARA HALLI, B.M.ROAD, RAMANAGARA-562159. ...PETITIONERS (BY SRI C.MOHAMMED SUBHANULLA SHARIFF, ADV.) AND :
1. THE SECRETARY REGIONAL TRANSPORT AUTHORITY RAMANAGARA REGION OPP. TO GHOUSIA COLLEGE, MYSORE ROAD, RAMANAGARA-562159 2. THE REGIONAL TRANSPORT AUTHORITY RAMANAGARA REGION, OPP. TO GHOUSIA COLLEGE, MYSORE ROAD, RAMANAGARA-562159 (BY ITS SECRETARY) 3. THE KARNATAKA STATE ROAD CORPORATION, K.H.ROAD, SHANTINAGARA, BANGALORE-560027 BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI SHIVAPRABHU S. HIREMATH, AGA FOR R-1 & R-2; SRI HAREESH BHANDARY T., ADV. FOR R-3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER DATED 01.12.2015 PASSED BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL SO FAR RELATING TO REVISION PETITION No.335/2015 PRODUCED AT ANNEXURE-C AND ALSO QUASHING THE SIMILAR ORDER DATED 18.02.2016 PASSED BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL IN REVISION PETITION No.1/2016 PRODUCED AT ANNEXURE-D.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners have assailed the common order dated 01.12.2015 and 18.02.2016 passed by the Karnataka State Transport Appellate Tribunal (‘Tribunal’ for short) as far as Revision Petition Nos.335/2015 and 1/2016 are concerned, whereby the renewal of permits of the petitioners have been set aside.
2. The petitioners are claiming to be the stage carriage permit holders relating to their respective permits issued by the respondent No.1 being renewed from time to time. The renewal of the permits of the 1st petitioner as on 31.05.2011 and the 2nd petitioner’s permit on 03.01.2012 were challenged by the respondent No.3- Corporation before the Tribunal. The matters were heard along with the batch of matters and a common order was passed by the Tribunal setting aside the renewal of permits. Being aggrieved, the petitioners are before this Court insofar as their cases are concerned.
3. Learned counsel Sri.Mohamed Subhanulla Sharief for the petitioners placing reliance on the New Comprehensive Area Scheme for the Entire State of Karnataka issued by the Government of Karnataka vide Notification dated 7.3.2019 would submit that the permits granted and issued by the transport Authorities relating to the petitioners herein were in operation as on 18.12.2014 and as such, the order of the Tribunal impugned herein requires to be set aside remitting the matter to the Original Authority for re-consideration. Reliance is also placed on the order of this Court in W.P.Nos.11238- 11241/2019 (D.D.19.3.2019).
4. Learned counsel for the respondent No.3 would submit that the Tribunal has set aside renewal of the permits of the petitioners on considering the genuineness or the validity of the permits in accordance with law. As no counter signature of the neighbouring Transport Authority/District was obtained for the inter district permit, the same being contrary to Section 88(1) of the Motor Vehicles Act,1988, renewal of the permits has been held to be bad in law. As such, the petitioners are not entitled to claim any relief under the Notification dated 7.3.2019.
5. I have carefully considered the rival submissions of the learned counsel for the parties and perused the material on record.
6. It is not in dispute that the permits of the petitioners granted and issued by the transport Authorities were in operation as on 18.12.2014 and as such, the said permits are entitled to the benefits of the Notification dated 7.3.2019 subject to the validity of the said permits to be considered by the original Authority, in view of the objections raised by the respondent No.3 as aforesaid.
7. Hence, this Court deems it appropriate to set aside the order of the Tribunal impugned herein, remitting the matter to the original Authority to reconsider the renewal of permits of the petitioners in the light of Notification dated 7.3.2019 issued by the Government of Karnataka.
8. All contentions and rights of the parties are left open. Respondent-Authority shall consider the objections, if any, to be raised by the rival operators including respondent No.3, and take a decision in accordance with law in an expedite manner, not later than eight weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE Dvr: