IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.10416/2019 (MV) BETWEEN:
Mr. MOHAMMED IRSHAD S/O Mr. T.MOHAMMED BASHEER AGED ABOUT 38 YEARS, NO.842, NEAR HEAD POST OFFICE, GORIPET, KOLAR - 563 101. ... PETITIONER [BY SRI B.R.SUNDARAJA GUPTA, ADV.] AND:
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, B.D.ACOMPLEX, KORAMANGALA, BENGALURU - 560 034 BY ITS SECRETARY.
2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTHAIAH ROAD, BENGALURU - 560 027 BY ITS MANAGING DIRECTOR.
3. SMT.REHANA BEGUM W/O SHAIK SHAFIULLA, No.33, NEW No.8, 11TH CROSS, SHAMPUR MAIN ROAD, NEXT TO ASHRAFIYA MOSQUE, NEAR Dr. AMBEDKAR MEDICAL COLLEGE, R.T.NAGAR POST, BENGALURU-560032.
(CAUSE TITLE AMENDED VIDE COURT ORDER DATED 16.04.2019) …RESPONDENTS [BY SRI B.J.ESHWARAPPA, AGA FOR R-1; SRI M.E.NAGESH, ADV. FOR R-2 & R-3.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RESOLUTION OF THE R-1 PASSED IN SERIAL NO.86, SUBJECT NO.123/1-19 DATED 30.01.2019 MARKED AS ANNEXURE-D.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the Resolution of respondent No.1 passed in Serial No.86, Subject No.123/18-19 dated 30.01.2019 mainly on the ground that the respondent-authority has referred to R.P.No.107/2015 further to W.P.No.28112/2015 which has no bearing to the permit of the petitioner since no such proceedings were initiated against the permit of the petitioner either before the Tribunal or before this Court.
2. It is pointed out by the learned counsel for the petitioner that respondent No.1 has rejected the renewal application of the petitioner’s permit mainly placing reliance on the order of the Tribunal passed in R.P.No.107/2015 dated 05.06.2015 and the said order of the Tribunal has been set aside by this Court in W.P.Nos.28108-28111/2015 and allied matters. In view of the same, the matter requires to be reconsidered by respondent No.1 in the light of the Notifications dated 28.09.2017 and 07.03.2019 issued by the Government of Karnataka.
3. The same is not disputed by the learned counsel appearing for the respondents.
4. In view of the aforesaid, the order impugned at Annexure - D dated 30.01.2019 is set aside and the proceedings are restored to the file of the respondent No.1 – Authority to re-consider the same in the light of the observations made herein, keeping in mind the notifications dated 28.09.2017 and 07.03.2019 referred to above, after conducting a Joint Route Survey. All rights and contentions of the parties are left open including the jurisdictional issue, if any.
Compliance of this order shall be made in an expedite manner, in any event, not later than twelve weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE PMR