IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION NOS.13413-13414/2018 (MV) BETWEEN:
SMT. SHEHNAZ SULTHANA, AGE 64 YEARS, W/O S.MUNEER AHAMED, MASTI EXPRESS, MALUR, KOLAR DISTRICT, PIN – 563 130. ... PETITIONER (BY SRI.M.E. NAGESH, ADVOCATE) AND:
1. THE STATE TRANSPORT AUTHORITY, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027.
2. THE SECRETARY, STATE TRANSPORT AUTHORITY, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027.
3. KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027.
4. S. RAJAGOPALA GOWDA S/O LATE D. SHANKARAPPA, NO.446, LAKKASANDRA, ADUGODI POST, BENGALURU – 560 030. ... RESPONDENTS (BY SRI.DILDAR SHIRALLI, HCGP FOR R1 & R2; SRI.HAREESH BHANDARY T, ADVOCATE FOR R3; SRI.H.M. MANJUNATH, ADVOCATE FOR R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS; QUASH THE ORDER PASSED BY THE STATE TRANSPORT APPELLATE TRIBUNAL DATED 24.02.2018 IN APPEAL NO.1276/2011 AND RP 32/2018 AS PER ANNEXURE-H AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the parties.
2. The petitioner has challenged the order passed by the Karnataka State Transport Appellate Tribunal dated 24.02.2018 in Appeal No.1276/2011 and R.P.No.32/2018 at Annexure – H to the Writ Petition.
3. This is the third round of litigation inasmuch as the challenge made to the permit of the petitioner granted originally under the old Motor Vehicles Act, 1939 as Permit No.169/63-64 for the route Malur to Hosur and back via Masti, Tamil Nadu State Border and Berekai. The petitioner claims to be the transferee of the said inter-state stage carriage permit No.169/63-64. The variation granted to the said inter-state stage carriage permit of the petitioner for the route in question was the subject matter of multiple rounds of litigation which has reached to this court in W.P.No.817/2011 as well as W.P.No.6195/2016. Pursuant to the order passed by this court in W.P.No.6195/2016 on 08.02.2016, it appears, the petitioner has filed for renewal of permit and the respondent No.2 exercising the power under Rule 56(1)(iv), has renewed the permit only to the extent of original permit and restricted the renewal which was again challenged by the respondent Nos.3 and 4 before the Tribunal. The Appellate Tribunal setting aside the order of renewal as well as variation, had remanded the matter to the original authority. Being aggrieved, the petitioner is before this court.
4. It is the contention of the learned counsel for the petitioner that the Appellate Tribunal grossly erred in not considering the notification dated 28.09.2017, which saved the permit operating as on 14.01.2002, notwithstanding anything contained in schemes. The operation of service by the petitioner is now set-aside by the Tribunal while remanding the matter to the original authority. Hence, seeks for interference by this court.
5. Learned counsel for the Karnataka State Road Transport Corporation justifying the impugned order submits that the order of remand made by the Tribunal does not call for any interference in view of the orders passed by this court in W.P.No.817/2011 whereby, the order of Tribunal in R.P.No.472/2008 being not disturbed, the permit of the petitioner is not in existence.
6. I have carefully considered the submissions made by the learned counsel for the parties. It is not in dispute that pursuant to the order passed by this court in W.P.No.817/2011 dated 21.01.2011, the notification dated 28.09.2017 has been issued by the Government of Karnataka. Prima facie it appears the said notification saves the permits which are operating as on 14.01.2002 notwithstanding anything contained in Kolar-Bangalore-BTS Scheme and further strengthened by the notification dated 07.03.2019 issued by the Government of Karnataka.
7. Hence, the writ petitions stand disposed of confirming the order of the Karnataka State Appellate Tribunal dated 24.02.2018 in Appeal No.1276/2017 and R.P.No.32/2018 impugned herein, keeping open the rights and contentions of both the parties including the plea of the petitioner relating to the entitlement of the benefit flowing from the notification dated 28.09.2017 as well as 07.03.2019 issued by the Government of Karnataka. The original authority-Respondent No.2 shall examine the same and take a decision in accordance with law, after providing an opportunity of hearing to all the stake holders concerned, in an expedite manner, in any event not later than 12 weeks from the date of receipt of the certified copy of the order.
With the aforesaid observations and directions, the Writ Petitions stand disposed of.
Sd/- JUDGE cbc