IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.34338/2018 (MV) BETWEEN:
SMT.R.K.PREMA W/O KUMARESAN, AGED ABOUT 45 YEARS NO.9, NEAR PETROL BUNK, CHANDAPURA ROAD, ANEKAL TALUK, BENGALURU DISTRICT-562 106 ... PETITIONER [BY SRI R.LOKESH, ADV.] AND:
1 . THE UNION OF INDIA BY ITS SECRETARY TO GOVERNMENT OF INDIA, TRANSPORT DEPARTMENT, NEW DELHI-110 001 2 . STATE OF TAMIL NADU BY ITS SECRETARY TO GOVERNMENT HOME DEPARTMENT(TR-III) SECRETARIAT, CHENNAI-600 009 3 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560 001 4 . THE ADDITIONAL COMMISSIONER FOR TRANSPORT AND SECRETARY, KARNATAKA STATE TRANSPORT AUTHORITY, I FLOOR, "A" BLOCK, TTMC COMPLEX, BMTC BUILDINGS, K H ROAD, SHANTHINAGAR, BENGALURU-560 027 5 . M/s TAMILNADU STATE TRANSPORT CORPORATION LIMITED (SALEM), DHARMAPURI REGION, SALEM MAIN ROAD, BHARATHIPURAM DHARMAPURI-636 705, TAMIL NADU REP BY ITS MANAGING DIRECTOR …RESPONDENTS [BY SMT.ANITHA H.R., ADV. FOR R-1; SRI B.N.JAYADEVA, ADV. FOR R-2 & R-5;
SRI SHIVAPRABHU S. HEREMATH, AGA FOR R-3 & R-4.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO STRIKE DOWN TAMIL NADU COMPREHENSIVE AREA SCHEME OF 2011 PUBLISHED BY THE R-2 BY NOTIFICATION DATED 23.02.2011 VIDE ANNEXURE-D IN SO FAR IT RELATES TO THE PETITIONER STAGE CARRIAGE PERMIT NUMBER 39/1990-91 ON THE ROUTE: SAMANDUR TO BENGALURU AND BACK GRANTED BY THE KSTA, BENGALURU AND RENEWED BY THE R-4 VALID UP TO 03.03.2021 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for the following reliefs:-
“i) Strike down Tamil Nadu Comprehensive Area Scheme of 2011 published by the second respondent by Notification No.G.O.M.S.No.136 HOME (TRANSPORT-III) dated: 23-February 2011 marked Annexure - D, in so far as it relates to the petitioner stage carriage permit number 39/1990-91 on the route: Samandur to Bengaluru and back granted by the KSTA, Bengaluru and renewed by the respondent – 4 valid up to 3-3-2021 marked Annexure – A.
ii) Declare that Tamil Nadu Comprehensive Area scheme of 2011 published by the second respondent by Notification No.G.O.MS.No.136 HOME (TRANSPORT-III) dated 23-February 2011 marked Annexure – D is null and void and is not applicable in so far as petitioner enclave permit 39/1990-91 granted by the competent authority, KSTA, and renewed by the respondent – 4 in the above writ petition.”
2. In view of the order of the Hon’ble Madras High Court, Madurai Bench in W.P.(MD) No.2893/2011 and connected matter (D.D. 18.04.2018), whereby the Tamil Nadu Comprehensive Area Scheme dated 23.02.2011 having been set aside, the writ petition does not survive for consideration.
Accordingly, the writ petition stands disposed of, as having rendered infructuous.
Sd/- JUDGE PMR