IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.13061-13072 OF 2019 (MV) BETWEEN:
1. Sampangi Rama Age 67 years, S/o Muniswamy, No.258, 24th ‘A’ Cross, 1st Block, Jayanagar, Bengaluru – 560 009.
2. S.Manu Kumar Age 31 years, S/o Sampangi Rama, No.258, 24th ‘A’ Cross, 1st Block, Jayanagar, Bengaluru – 560 009.
3. K.V.Harish Major, S/o R.Krishna Reddy, Hari Krupa, Mirja Road, Anekal, Bengaluru District – 562 106.
4. K.V.Srinivasa Reddy Major, S/o R.Krishna Reddy, Hari Krupa, Mirja Road, Anekal, Bengaluru District – 562 106.
5. N.Muddappa Age 84 years, S/o Late Narasimhaiah, Proprietor, SLNS Motor Service, No.1649, Srirampura, Bengaluru – 560 021.
(By Sri.M.E.Nagesh, Advocate) AND:
1. The Regional Transport Authority Bengaluru Rural, BDA Complex, Koramangala, Bengaluru – 560 036.
... Petitioners 2. Karnataka State Road Transport Corporation, K.H.Road, Bengaluru – 560 027.
By its Managing Director.
... Respondents (By Sri.Dildar Shiralli, HCGP for R1; Sri.B.Palakshaiah, Advocate for R2) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the orders passed by the State Transport Appellate Tribunal in RP Nos.535/2012, 537/2012, 513/2012 dated 18.04.2012 and RP 651/2012 & RP 645/2012 dated 04.05.2015 as per Annexures-C1 to C4 and that of the orders of the Regional Transport Authority, Bengaluru dated 09.01.2019 pronounced on 30.01.2019 in subect No.223/18-19, 216/18-19, 215/18-19, 217/18-19, 179/18-19, 108/18-19 and Subject No.101/18-19 are produced herewith as Annexures-F1 to F7 and etc.
These Writ Petitions coming on for Preliminary Hearing this day, the court made the following:
O R D E R The petitioner has challenged the orders of the Tribunal in R.P.Nos.535/2012, 537/2012, 513/2012 dated 18.04.2015 and RP Nos.651/2012 and 645/2012 dated 04.05.2015 at Annexures-C1 to C4 to the writ petitions.
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. A copy thereon is placed on record.
3. The learned counsel for the petitioners submits that the Rule itself having been amended vide Notification dated 27.07.2018, the case of the petitioners 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, these writ petitions stand disposed of setting aside the impugned order at Annexures–C1 to C4 dated 18.04.2015 and 04.05.2015. The proceedings are restored to the file of respondent No.2 – Karnataka State Transport Authority, Bengaluru, to consider the petitioners application for renewal of stage carriage permit in accordance with law.
6. Respondent No.2 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.
Sd/- JUDGE UN