IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.19068/2019 (MV) BETWEEN :
1 . LIYAQAT ALI KHAN S/O S.K.M.KHAN, AGE 63 YEARS NO.26, 11TH CROSS, TANK GARDEN, SOMESHWARANAGARA, JAYANAGAR, BENGALURU-560 009.
2 . N.JAGADISH S/O NATARAJ, AGE 35 YEARS NO.26, 11TH CROSS, TANK GARDEN SOMESHWARANAGARA, JAYANAGAR, BENGALURU-560 009. ...PETITIONERS (BY SRI M.E.NAGESHA, ADV.) AND :
1 . THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, BDA COMPLEX, KORAMANGALA, BENGALURU-560 036 2 . THE KARNATAKA STATE ROAD TRANSPORT CORPORATION K. H. ROAD, BENGALURU-560 027, BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI SHIVAPRABHU S. HEREMATH, AGA FOR R-1; SRI HAREESH BHANDARY T., ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY THE STATE TRANSPORT APPELLATE TRIBUNAL IN R.P.NO.542/2012 & RP514/2012 DATED 18.04.2015 AS PER ANNEXURE-B & C AND THAT OF THE ORDR OF REGIONAL TRANSPORT AUTHORITY, BENGALURU DATED 09.01.2019 PRONOUNCED ON 30.01.2019 IN SUBJECT No.214/18-19, 164/18-19 & 213/18-19 AS PER ANNEXURES-E1 TO E3.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners have challenged the orders passed by the State Transport Appellate Tribunal in R.P.No.542/2012 and R.P.No.514/2012 dated 18/04/2015 as well as the order of the Regional Transport Authority dated 09/01/2019 in subject No.214/18-19, 164/18-19 and 213-18-19.
2. Petitioners claim that they are the holders of the stage carriage permits. The Regional Transport Authority granted permits after hearing the State Road Transport Corporation undertaking as well as other objectors and also taking note of the restrictions of the Bangalore and BTS Schemes, the renewal of permit was made. Subsequently, the same was challenged by the second respondent –Karnataka State Road Transport Corporation before the Appellate Tribunal. The revision petition filed by respondent No.2 in R.P.No.542/2012 and R.P.No.514/2012 challenging the renewal of permit came to be disposed of, vide order dated 18/04/2015 setting aside the renewal of permits.
3. It is submitted that pursuant to the Notification issued by the Government of Karnataka dated 28/09/2017, the petitioners had moved before the first respondent for renewal of permits as their permits were saved. The respondent No.1 in the proceedings dated 30/01/2019 rejected the request of the petitioners for the reason that the Government Notification dated 28/09/2017 was not applicable to the petitioners’ case as their permits were saved since the cut of date fixed was 14/01/2002.
4. Learned counsel for the petitioners would submit that pursuant to the new Comprehensive Area Scheme for the entire State of Karnataka issued by the Government of Karnataka vide Notification dated 07/03/2019, the petitioners’ permits are saved. It is pointed out that in terms of the Notification dated 07/03/2019, the existing permits with the trips and vehicles to whom permits are granted and issued by the transport authorities, in operation as on 18/12/2014, and also pending renewal to operate their services on inter-State, intra-State, inter-district and intra-district routes notwithstanding anything contained in any of the approved schemes are saved. The petitioners permits squarely comes within the ambit of saved permits. Hence, seeks for remanding the matter to the first respondent/authority to reconsider the matter in the light of the Notification dated 07/03/2019.
5. Learned counsel for the second respondent – Corporation would submit that the Corporation had challenged the renewal of permits only in two cases i.e.
in R.P. No.513/12 And R.P.No.514/2012 before the Karnataka State Transport Appellate Tribunal. In the guise of challenging the order of the first respondent – The Regional Transport Authority relating to these matters, the petitioners have challenged the proceedings of Subject No.164/18-19, relating to the permit No. 2/2003-04. Learned counsel further submits that the jurisdictional issue being involved in these matters remanding the matter to the first respondent would be a futile exercise.
6. Having heard the learned counsel for the parties and perusing the material on record, this Court is of the considered view that the Comprehensive Area Scheme issued by the Government of Karnataka vide Notification dated 07/03/2019 being not available for adjudication before the first respondent while concluding the proceedings on 30/01/2019, the matter requires to be re-examined by the Regional Transport Authority including the jurisdictional aspect. Hence, the proceedings relating to subject No. 214/18-19 (Permit No.34/07-08), subject No. 213/18-19 relating to permit No.33/07-08 are set aside and the proceedings are restored to the file of the first respondent – Regional Transport Authority to re-consider the same in the light of the Notification dated 07/03/2019 after conducting a joint Route Survey as well as providing an opportunity of hearing to the concerned rival operators including the second respondent/Corporation.
7. The first respondent shall take a decision in accordance with law in an expedite manner, in any event, not later than eight weeks from the date of receipt of a certified copy of this order.
8. As regards the challenge made to the proceedings in subject No.164/18-19, it is apparent that the petitioners have approached the first respondent - Regional Transport Authority seeking for renewal of permit sans supported by the orders of the Tribunal unlike other matters. The decision of the proceedings in Subject No:164/18-19 being appealable, the petitioners are relegated to avail the alternative and efficacious remedy of appeal before the competent authority. If such proceedings are initiated by the petitioner within a period of eight weeks from the date of receipt of a copy of this order, the Appellate Authority shall consider the same on merits without objecting to the period of limitation. A decision shall be taken by the Appellate Authority in an expedite manner.
All the rights and contentions of the parties are left open.
Registry is directed to return the original documents ( Annexures) to the petitioners after keeping the photocopies of the same for record purpose.
Sd/- JUDGE Msu