IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NOs.24137/2012 & 14860/2012 (MV) BETWEEN:
1. MD.ABDUL KHADER S/O.MOIDINABBA AGED ABOUT 50 YEARS BUS OWNER, H.M.MANZIL PULIKERI, KARKALA UDUPI DISTRICT.
2. SRI.DINESH SHETTY S/O.SRI.SUNDER SHETTY AGED ABOUT 43 YEARS LATHA NIVAS, JARKALA KARKALA,UDUPI DISTRICT … PETITIONERS (BY SRI.A.S.PARASARA KUMAR FOR SRI.B.R.SHAILENDRA, ADV.) AND:
1. THE KARNATAKA STATE TRANSPORT AUTHORITY M.S.BUILDING, V FLOOR BANGALORE-560 001 BY ITS SECRETARY 2. THE SECRETARY THE KARNATAKA STATE TRANSPORT AUTHORITY M.S.BUILDING, V FLOOR BANGALORE-560 001 3. THE REGIONAL TRANSPORT AUTHORITY, D.K.REGION DAKSHINA KANNADA REPTD. BY ITS SECRETARY 4. SMT.SHALINI JAIN W/O.RATHNAKAR JAIN AGE-MAJOR PROP: JAIN TRAVELS ‘UPASAN’ KADARI, TEMPLE ROAD, KORANGALAPADI MANGALORE DISTRICT (TRANSFEREE OF THE PERMIT FROM L.LAKSHMI). ... RESPONDENTS (BY SRI.M.E.NAGESH, ADV. FOR C/R-4 SRI.E.S.INDIRESH, AGA FOR R-1 TO R-3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE RESOLUTION PASSED BY THE STATE TRANSPORT AUTHORITY IN GRANTING VARIATION OF THE CONDITION OF THE PERMIT DTD: 16.12.2003 VIDE ANNEX-A, ORDER DT:28.10.2011 PASSED BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL IN APPEAL NO.2179/2007 AND OTHER CONNECTED CASES VIDE ANNEX-B AND THE ORDER DTD: 13.06.2012 PASSED BY THE R-2 VIDE ANNEX-F AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for 4th respondent has filed a memo after serving on the petitioner. Petitioner has no objections to dispose of the present Writ Petition in terms of memo dated 27.08.2019. Accordingly, contents of the memo reads as under:
MEMO The 4th respondent submits that the challenge in the Writ Petition is the order of the State Transport Authority dated 16.12.2003 as per Annexure – A and that of the order of the State Appellate Tribunal dated: 28.10.2011 in Appeal No.2179/2007 with connected matters as per Annexure – B and also the re-assignment of timings by the Secretary, STA in subject No.88/2002 dated:13.06.2012 as per Annexure – F.
That this Hon’ble Court on 19.3.19 has dismissed the Writ Petition No.23418/2012 filed against the order of the STA dated: 16.12.2003 (Annexure – A in this Writ Petition) and the common order of the State Transport Appellate Tribunal dated:28.10.2011 (Annexure – B to this Writ Petition) after hearing the parties and considering the case on merits. So far as, order dated:13.06.2012 (Annexure – F in this Writ Petition) is concerned the very substituted petitioner had Appeal No.153/2013 challenging the order before the Appellate Tribunal and the Appellate Tribunal has set-aside the order dated:13.06.2012 by remanding back the timings in the morning trip from Karkala to Mangaluru for re-assignment of timings after hearing the petitioner in this case and other parties.
Hence, in view of the above, the above Writ Petition does not survive for consideration and it may kindly be dismissed, in the interest of justice”.
Petitions stand dismissed in terms of the memo.
Brn Sd/- JUDGE