IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.6708 – 6709/2016 c/w W.P.Nos.6710 – 6711/2016 (MV) IN W.P.Nos.6708 – 6709/2016:
BETWEEN :
R.SHIVAPRANEETH S/O N.RAMESH KUMAR, AGED ABOUT 25 YEARS, R/AT VENKATESHWARA TRAVELS, VENKATESHWRA NILAYA, M.B.ROAD, KOLAR-563101. ...PETITIONER (BY SRI KALYAN R., ADV.) AND :
1. THE STATE OF KARNATAKA DEPARTMENT OF TRANSPORT, VIKASA SOUDHA, BANGALORE-560001 REP. BY UNDER SECRETARY.
2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H.ROAD, SHANTHINAGAR, BENGALURU-560027 REP. BY ITS COMMISSIONER.
3. THE SECRETARY/ADDITIONAL COMMISSIONER FOR TRANSPORT, KARNATAKA STATE TRANSPORT, T.T.M.C. COMPLEX, "A" BLOCK, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027 4. THE STATE TRANSPORT AUTHORITY KARNATAKA STATE TRANSPORT, T.T.M.C. COMPLEX, "A" BLOCK, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027, BY ITS COMMISSIONER. …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1, R-3 & R-4; SRI HARISH KUMAR M.S., ADV. FOR R-2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.01.2016 IN REVISION PETITION NO.319/2015 PASSED BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BANGALORE AS PER ANNEXURE-A.
IN W.P.Nos.6710 – 6711/2016:
BETWEEN :
B.A.RAMA MOHAN S/O B.V.ASHWATHAIAH AGED ABOUT 65 YEARS R/AT NO.61, K.R. EXTENSION CHINTAMANI TOWN CHIKKABALLAPURA DIASTRICT-562101 ...PETITIONER (BY SRI KALYAN R., ADV.) AND :
1. THE STATE OF KARNATAKA DEPARTMENT OF TRANSPORT, VIKASA SOUDHA, BANGALORE-560001 REP. BY UNDER SECRETARY.
2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H.ROAD, SHANTHINAGAR, BENGALURU-560027 REP. BY ITS COMMISSIONER.
3. THE SECRETARY/ADDITIONAL COMMISSIONER FOR TRANSPORT, KARNATAKA STATE TRANSPORT, T.T.M.C. COMPLEX, "A" BLOCK, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027 4. THE STATE TRANSPORT AUTHORITY KARNATAKA STATE TRANSPORT, T.T.M.C. COMPLEX, "A" BLOCK, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027 …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1, R-3 & R-4; SRI HARISH KUMAR M.S., ADV. FOR R-2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.01.2016 IN REVISION PETITION NO.317/2015 PASSED BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BANGALORE AS PER ANNEXURE-A.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel appearing for the parties submit ad idem that the permit of the petitioner herein is saved by the Notification dated 28.9.2017 as well as 7.3.2019 issued by the Government of Karnataka and accordingly the matter requires re-consideration by the Karnataka State Transport Appellate Tribunal, Bangalore (‘Tribunal’ for short).
2. The said submission is placed on record.
3. In view of the aforesaid, the writ petitions stand disposed of setting aside the order impugned dated 23.1.2016 at Annexure-A to the writ petitions and the matter is restored to the file of the Tribunal for re- consideration in accordance with law. All the rights and contentions of the parties are left open. The Tribunal shall decide the matter in an expedite manner, preferably within a period of 12 weeks from the date of receipt of certified copy of the order. It is needless to observe that the petitioner shall continue to operate the services in terms of the permit conditions and routes assigned until a decision be taken by the Tribunal.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE Dvr: