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 Nos.27703 – 27704/2018 (MV) BETWEEN:
1 . SRI A.SHIVAKUMAR S/O ANJAPPA, AGED ABOUT 54 YEARS R/AT 12/11, 4TH LINK MAIN ROAD, MADIVALA, BENGALURU-560 068 2 . SRI P.MURUGESHAN S/O A.PALANI GOUNDER, AGED ABOUT 55 YEARS R/AT 12/11, 4TH LINK MAIN ROAD, MADIVALA, BENGALURU-560 068 ... PETITIONERS [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.ANUPAMA HEGDE, CGSC FOR R-1 & R-2; SRI BASAVARAJA PUJAR S., ADV. FOR R-1; SRI B.N.JAYADEVA, ADV. FOR R-5 & R-4.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO STRIKE DOWN TAMIL NADU COMPREHENSIVE AREA SCHEME OF 2011 PUBLISHED BY THE SECOND RESPONDENT BY NOTIFICATION DATED 23 FEBRUARY 2011 MARKED ANNEXURE-D IN SO FAR IT RELATES TO THE PETITIONER-1 STAGE CARRIAGE PERMIT NUMBER 2/1998-99 ON THE ROUTE: BAKLIPURA TO BENGALURU AND BACK GRANTED BY THE KSTA, BENGALURU AND RENEWED BY THE RESPONDENT No.4 VALID UPTO 22.04.2023 MARKED ANNEXURE-A.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for respondent No.3.
The petitioners have 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 -1 stage carriage permit number 2/1998-99 on the route: Baklipura to Bengaluru and back granted by the KSTA, Bengaluru and renewed by the respondent – 4 valid up to 22-4-2023 marked Annexure– A.
ii) 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 -2 stage carriage permit number 14/1998-99 on the route: Baklipura to Bengaluru and back granted by the KSTA, Bengaluru and renewed by the respondent – 4 valid up to 26-5-2023 marked Annexure– B.
iii) 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 petitioners enclave permits 2/1998-99 of petitioner – 1 and permit number 14/1998-99 of petitioner – 2 granted by the competent authority, KSTA, and renewed by the respondent – 4 in the above writ petitions.”
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 petitions do not survive for consideration.
Accordingly, the writ petitions stand disposed of, as having rendered infructuous.
Sd/- JUDGE PMR