IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.14417 – 14418/2019 (MV) BETWEEN :
1. R.S.RAVI KUMAR S/O SEETHAPPA AGE 48 YEARS, NO.189/A, ANNAYYAPPA BLOCK, SESHADRIPURAM BENGALURU-560 020 2. BYREGOWDA S/O SEETHAPPA, AGE 49 YEARS, PATEL VENKATAPPA LAYOUT, SUNKADAKATTE MAGADI MAIN ROAD, BENGALURU-560 091 ...PETITIONERS (BY SRI M.E.NAGESH, ADV.) AND :
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, BDA COMPLEX KORAMANGALA, BENGALURU-560 036 2. KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H. ROAD, BENGALURU-560 027 BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1; SRI HAREESH BHANDARY T., ADV. FOR R-2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND QUASH THE ORDERS PASSED BY THE STATE TRANSPORT APPELLATE TRIBUNAL IN SO FAR AS R.P.NO.336/2013 DATED 06.04.2015 AS PER ANNEXURE-C1 AND IN R.P.NO.677/2012 DATED 04.05.2015 AS PER ANNEXURE-C2.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the order of the Tribunal dated 6.4.2015 in R.P.No.336/2013 at Annexure- C1 and the order dated 4.5.2015 in R.P.No.677/2012 as per Annexure-C2.
2. The learned counsel appearing for the parties submit ad-idem that the subject matter of this writ petition is similar to the one considered in W.P.No.23907/2018 (MV), disposed of by this Court vide order dated 19.07.2018, whereby this Court directed the Regional Transport Authority to consider the renewal application of the petitioner in the light of the notification dated 28.09.2017.
3. The learned counsel for the petitioner submits that the Rule itself having been amended vide Notification dated 27.07.2018, the case of the petitioner is strengthened. This assertion is not disputed by the learned counsel for the other side.
4. It is further submitted that by the Notification dated 07.03.2019, a new Comprehensive Area Scheme for the entire State of Karnataka has been issued by the Government of Karnataka in terms of sub-section (3) of Section 100 of the Motor Vehicles Act, 1988 whereby the existing permits with the trips and vehicles to whom permits are granted and issued by 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 as well as the existing permits in operation with trips and vehicles of the private stage carriage operators, who are operating on non monopoly routes/area as on 24.03.2018 and the existing permits in operation according to notification dated 28.09.2017 issued by the Government of Karnataka subject to decision of the Hon’ble High Court of Karnataka are saved. The said Notification also supports the case of the petitioner.
5. For the aforegoing reasons, this writ petition stands disposed of setting aside the impugned orders dated 6.4.2015 and 4.5.2015 at Annexures C1 and C2 respectively. The proceedings are restored to the file of respondent No.1 – Regional Transport Authority Bengaluru, to consider the petitioner’s application for renewal of stage carriage permit in accordance with law.
6. Respondent No.1 shall conduct joint survey of the routes in question and thereafter pass appropriate orders in accordance with law after hearing all the parties concerned, in an expedite manner, in any event, not later than twelve weeks from the date of receipt of certified copy of the order. All the rights and contentions of the parties are left open including the jurisdictional issue if any.
Writ petitions stand disposed of in terms of above.
Sd/- JUDGE Dvr: