IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.12268/2013 c/w W.P.No.45310/2013, W.P.No.27840/2013, W.P.No.15872/2013, AND W.P.No.55590/2013 (MV) IN W.P.No.12268/2013:
BETWEEN :
NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATION CENTRAL OFFICES, SARIGE SADAN, GULBARGA-585 102 BY ITS MANAGING DIRECTOR ...PETITIONER (BY SRI HAREESH BHANDARY T., ADV.) AND :
1. STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF TRANSPORT, M.S.BUILDING, Dr. AMBEDKAR VEEDHI, BANGALORE-560 001.
2. R.V.BALAJI, S/O R.VENKATESHAM CHETTY AGED ABOUT 58 YEARS BUS OPERATOR, R/AT PALAMNER, CHITTOR DISTRICT A.P. STATE 3. R.V.SUBHAS CHANDRA BOSE, S/O R.VENKATESHAM CHETTY, AGED ABOUT 54 YEARS BUS OPERATOR, R/AT PALAMNER, CHITTOR DISTRICT, A.P.STATE.
(CAUSE TITLE AMENDED VIDE COURT ORDER DATED 18.07.2013.) …RESPONDENTS (BY SMT.H.C.KAVITHA, HCGP FOR R-1; SRI M.E.NAGESH, ADV. FOR R-2 & R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 05.01.2013 VIDE ANNEXURE-J.
IN W.P.No.45310/2013:
BETWEEN :
KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, K.H. ROAD BANGALORE-560027 REP. BY CHIEF LAW OFFICER (ROUTE) ...PETITIONER (BY SRI S.PRAKASH SHETTY, ADV.) AND :
1. STATE OF KARNATAKA BY ITS SECRETARY DEPT. OF TRANSPORT M.S. BUILDING Dr. AMBEDKAR VEEDHI BANGALORE-560001 2. SMT.G.H.BHAGYALAXMI, W/O SRI P.R.MANJUNATH, AGED ABOUT 40 YEARS, PROPRIETRIX, SRI HANUMAN MOTOR SERVICE, SIRA MAIN ROAD, TUMKUR DISTRICT, (TRANSFEREE OF THE PERMIT HELD BY LATE P.M.RANGANATH) 3. SRI P.R.MANJUNATH S/O LATE P.M.RANGANATH, AGED ABOUT 46 YEARS, PROPRIETRIX, SRI HANUMAN MOTOR SERVICE, SIRA MAIN ROAD, TUMKUR DISTRICT (CAUSE TITLE AMENDED VIDE COURT ORDER DATED 06.06.2014.) …RESPONDENTS (BY SMT.H.C.KAVITHA, HCGP FOR R-1; SRI B.R.SHAILENDRA, ADV. FOR R-2 & R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION ANNEXURE-A, DATED 28.06.2013, PASSED BY THE R1.
IN W.P.No.27840/2013:
BETWEEN :
BANGALORE METROPOLITAN TRANSPORT CORPORATION (BMTC) CENTRAL OFFICES, K.H. ROAD BANGALORE-560027 BY ITS MANAGING DIRECTOR ...PETITIONER (BY SRI HAREESH BHANDARY T., ADV.) AND :
1. STATE OF KARNATAKA BY ITS SECRETARY DEPT OF TRANSPORT M S BUILDING DR AMBEDKAR VEEDHI BANGALORE-560001 2. N.P.RAGHURAM, BUS OPERATOR, CHITTOR DISTRICT, A.P. STATE, (CAUSE TITLE AMENDED VIDE COURT ORDER DATED 01.08.2013.) 3. SRI C.MADHUKAR, PROPRIETOR, KRUPA SHANKAR TRANSPORTS, SHANKAR NILAYA, FORT STREET, VIJAYAPURA, BENGALURU RURAL DISTRICT-562135 (CAUSE TITLE AMENDED VIDE COURT ORDER DATED 04.02.2015.) …RESPONDENTS (BY SMT.H.C.KAVITHA, HCGP FOR R-1; SRI M.E.NAGESH, ADV. FOR R-2; SRI B.R.S.GUPTA, ADV. FOR R-3;) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 05.01.2013 VIDE ANNEXURE-J.
IN W.P.No.15872/2013:
BETWEEN :
KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, K.H.ROAD, BANGALORE-560027 BY ITS MANAGING DIRECTOR. ...PETITIONER (BY SRI S.PRAKASH SHETTY, ADV.) AND :
1. STATE OF KARNATAKA BY ITS SECRETARY DEPT. OF TRANSPORT M.S.BUILDING Dr. AMBEDKAR VEEDHI, BANGALORE-560001 2. K.JAGADEESH REDDY S/O LATE RAMALINGAM REDDY 16/5/89, NIMMANAPA ROAD MADANAPATI CHITTOR DISTRICT ANDRAPRADESH STATE (CAUSE TITLE AMENDED VIDE COURT ORDER DATED 18.07.2013.) 3. R.V.SUBHASH CHANDRA BOSE S/O LATE VENKATESHAM CHETTY PALAMNER, CHITTOR DISTRICT ANDRAPRADESH STATE.
4. B.S.GAYATHRI D/O LATE B.SRIKANTHAIAH, #17-3-20, PENUKONDA ROAD, HINDUPUR TALUK, ANANTHAPUR DISTRICT ANDRAPRADESH STATE.
5. B.S.JANARDHAN, S/O LATE B.SRIKANTAIAH # 17-3-20, PENUKONDA ROAD, HINDUPUR TALUK, ANANTHAPUR DISTRICT ANDRAPRADESH STATE.
6. B.S.JANARDHAN, S/O LATE B.SRIKANTAIAH # 17-3-20, PENUKONDA ROAD, HINDUPUR TALUK, ANANTHAPUR DISTRICT ANDRAPRADESH STATE.
7. B.S.KASHI VISHWANATH S/O LATE B.SRIKANTAIAH #17-3-20, PENUKONDA ROAD, HINDUPUR TALUK, ANANTHAPUR DISTRICT, ANDRAPRADESH STATE.
8. B.S.JANARDHANA, BUS OPERATOR, NEAR SSK CHOULTRY NEAR OLD BUS STAND, PAVAGADA TALUK.
9. B.S.SRIDAR S/O LATE B.SRIKANTAIAH, #17-3-20, PENUKONDA ROAD, HINDUPUR TALUK, ANANTHAPUR DISTRICT ANDRAPRADESH STATE.
10. J.C.UMA REDDY W/O T.C.PRABHAKAR REDDY #87, 17TH E MAIN 6TH BLOCK, KORAMANGALA BANGALORE 11. N.M.IRSHAD BASHA PROPRIETOR M.S.TRANSPORT, NAYAKANAHATTI, CHELKERE TALUK, CHAITRADURGA DISTRICT.
12. R.P.ABDUL GHANI, S/O ABDUL AZEEZ SAB, PROPRIETOR – EPLAHI MOTOR SERVICES, #7/14, VADDARA BANDE, BELLARI.
13. B.V.VIKRAM S/O B.G.VENKATESH, #9 A, RACE COURSE ROAD, MADAVANAGAR, BANGALORE-01.
14. B.V.ASHOK, S/O B.G.VENKATESH, #9 A, RACE COURSE ROAD, MADAVANAGAR, BANGALORE-01.
15. M.VENKATESH, S/O LATE GANGADHAR, #9 A, RACE COURSE ROAD, MADAVANAGAR, BANGALORE-01.
16. SYED ANWAR, S/O UBEDULLA, BELLARI ROAD, NAYAKANAHATTI, CHELKERE TALUK, CHITRADURGA DISTRICT.
17. R.V.RAMALINGA REDDY S/O LATE VEMA REDDY PROPRIETOR, SRI DHANALAKSHMY MOTORS, RAGHUTTALLI (V) & (POST) CHINTHAMANI TALUK, CHIKKABALLAPUR DISTRICT.
18. SMT.MAHAESHWARI W/O LATE RAJENDRAN, BUS OPERATOR, C.P.T.S., CHITTUR DISTRICT, ANDRAPRADESH STATE.
19. B.S.SRIDAR, S/O LATE SRI KANTAIAH, B.S.TRANSPORTS, HINDUPUR, ANDRAPRADESH STATE.
20. M.PARVATHAMMA, W/O LATE RAGHUNATH PROPRIETOR, SRI HANUMAN MOTORS SERVICE, SRIA MAIN ROAD, TUMKUR.
21. G.H.BHAGYALAKSHMI, W/O T.R.MANJUNATH, SRI HANUMAN MOTOR SERVICE, SIRA MAIN ROAD, TUMKUR DISTRICT.
22. P.R.MANJUNATH, S/O LATE RAGHUNATH, SRI HANUMAN MOTOR SERVICE, SIRA MAIN ROAD, TUMKUR DISTRICT.
23. G.RAMAKRISHNA S/O SRI GIRIYAPPA, R/AT BHANASHANKARI KRUPA, BEHIND T.K.P. LODGE, N.H.4, SIRA, TUMKUR DISTRICT.
24. V.LOKESH KUMAR, S/O VASANTH KUMAR, PROPRIETOR BALAJI TRANSPORT, RAGHAVENDRA COLONY, MADHUGIRI, TUMKUR.
25. P.A.SRINATH, S/O LATE P.AMARANATH, HOUSE No.13-169, B.K.STREET, PALAMANER, CHITTUR.
(CAUSE TITLE AMENDED VIDE COURT ORDER DATED 01.08.2013.) 26. SMT.K.G.NIRMALA W/O LATE K.G.DAYANANDA AGED ABOUT 51 YEARS BUS OPERATOR, S.N.MOTORS #2651, CHICKPET, DODDABALLAPUR, REP. BY B.PRASHANT KUMAR AGE 27 YEARS, GPA HOLDER CHICKPET, DODDABALLAPUR (TQ.) BANGALORE.
27. NAGARJUNA MOTOR SERVICE REP. BY SRI HARI PARTNER S/O LATE H.N.LINGAPPA AGE 43 YEARS, VISVESWARAPURA CIRCLE, BANGALORE-560029.
28. C.VENUGOPAL RAO AGE MAJOR, BEHIND SBM BUILDING MADUGIRI, TUMKUR DISTRICT.
(CAUSE TITLE AMENDED VIDE COURT ORDER DATED 20.08.2013.) 29. SRI M.V.RUDRARADHYA, S/O SRI S.VISHWARADHYA, MAJOR BY AGE, D.B.ROAD, MADHUGIRI, TUMKUR DISTRICT.
30. SRI M.PRAKASHA RAO, S/O LATE MUNI RAO, AGED ABOUT 62 YEARS No.2, CUBBONPET MAIN ROAD, BANGALORE-560002.
31. SMT.AKKAYYAMMA, W/O SRI D.K.VENKATARAMANA REDDY MAJOR BY AGE, No.63, 2ND CROSS, SUSHEELA ROAD, CHICKAMAVALLI, VISVESHWARAPURAM, BANGALORE-560004.
32. C.MADHUKAR, PROPRIETOR, KRUPA SHANKAR TRANSPORT SHANKAR NILAYA, FORT STREET VIJAYAPURA, BANGALORE DISTRICT-562135 33. SRI M.SATHISH KUMAR BHAVANI SHANKAR, ROADWAYS NAGARESHWARSWAMY NILAYA FORT STREET, VIJAYAPURA, BANGALORE.
(CAUSE TITLE AMENDED VIDE COURT ORDER DATED 04.02.2015.) …RESPONDENTS (BY SMT.H.C.KAVITHA, HCGP FOR R-1;
SRI M.R.V.ACHAR, ADV. FOR R-2, R-4 TO R-9 & R-25; SRI M.E.NAGESH, ADV. FOR R-3;
SRI B.R.SHAILENDRA, ADV. FOR R-10 & R-20 TO R-24; SRI C.M.SHARIFF, ADV. FOR R-11 & R-12;
SRI S.V.KRISHNASWAMY, ADV. FOR R-13 TO R-15, R-18, R-19 AND R-26 TO R-28;
SRI H.B.NAGARAJA, ADV. FOR R-16 & R-17; SRI B.R.S.GUPTA, ADV. FOR R-29 TO R-33.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 05.01.2013 AT ANNEXURE – K.
IN W.P.No.55590/2013:
BETWEEN :
NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION, CENTRAL OFFICES, GOKUL ROAD, HUBLI, BY ITS MANAGING DIRECTOR ...PETITIONER (BY SRI HAREESH BHANDARY T., ADV.) AND :
STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF TRANSPORT, M.S. BUILDING, Dr. AMBEDKAR VEEDHI, BANGALORE-560 001 …RESPONDENT (BY SMT.H.C.KAVITHA, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 05.01.2013 VIDE ANNEXURE-J.
THESE PETITIONS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These petitions involving similar and akin issues, have been considered together and disposed of by this common order.
2 In these petitions, the petitioners have assailed the Notification dated 05.01.2013 issued by the Government of Karnataka.
3 The State has filed a memo along with copy of the letter of the Principal Secretary, Transport Department, Bengaluru, dated 03.06.2019, addressed to the learned Advocate General, Hon'ble High Court of Karnataka. The said memo reads thus:
“ The respondent-State of Karnataka had issued Notification No.SARH/155/SAEPA 2008 dated 05.01.2013, with the intention of modification of various schemes under Section 102 of the Motor Vehicles Act, 1988 to enforce the object of interstate agreement dated 07.03.2018 entered into between the States of Andhra Pradesh and Karnataka.
The said Notification has been challenged by the KSRTC and other operators on several grounds alleged in the aforesaid writ petitions and obtained the interim order of status-quo vide order dated 09.04.2013. The said writ petitions are pending before this Hon’ble Court for consideration.
After realizing the inherent defects in the said Notification and they age curable in nature and therefore, in order to avoid unnecessary litigation, the State Government intends to cure the said defects by withdrawing the impugned Notification and issuing fresh Notification in accordance with law. Accordingly addressed a letter dated 03.06.2019 to the learned Advocate General to take necessary steps to withdraw the defective Notification with liberty to issue fresh Notification in accordance with law, after rectifying the defects. The copy of the said letter is enclosed herewith for kind refusal of this Hon’ble Court. Granting of permission as sought for in the letter dated 03.06.2019 is very essential to avoid the unnecessary litigation in the interest of travelling public.
Wherefore, for the reasons stated in the aforesaid letter dated 03.06.2019, it is prayed that this Hon’ble Court may be pleased to permit the respondent-State to withdraw the impugned Notification dated 05.01.2013 with liberty to issue fresh Notification in accordance with law, in the interest of travelling public and also in the interest of justice and equity.”
4. Learned counsel for the petitioners have no objection to permit the respondent-State to withdraw the impugned Notification dated 05.01.2013 with liberty to issue fresh Notification in accordance with law, as sought for.
5. In view of the aforesaid, these writ petitions are disposed of with liberty to the respondent-State to issue fresh Notification in accordance with law, as sought for. However, it is made clear that in view of the liberty reserved to the respondents through the memo to issue fresh notification and if such notification is issued by the respondents and the grievances of the parties still subsist, all contentions including the contentions urged herein are left open.
Accordingly, these writ petitions stand disposed of.
Sd/- JUDGE ag