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.No.32156/2017 (MV) BETWEEN :
SRI A.VENUGOPAL S/O SRI ANJAPPA, AGED ABOUT 54 YEARS, NO.12/11, 4TH LINK ROAD, MADIWALA, BENGALURU-560 068. ...PETITIONER (BY SRI B.R.SUNDARARAJA GUPTA, ADV.) AND :
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, B.D.A. COMPLEX, KORAMANGALA, BENGALURU-560 034 BY ITS SECRETARY.
2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION, KENGAL HANUMANTHAIAH ROAD, BENGALURU-560 027, BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1; SRI P.H.PALAKSHAIAH, ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS OF THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL PASSED IN R.P.NO.634/2012 DATED 08.05.2015 VIDE ANNEXURE-C.
THIS PETITION 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 Karnataka State Transport Appellate Tribunal, Bengaluru (‘Tribunal’ for short) passed in R.P.No.634/2012 dated 8.5.2015 at Annexure-C to the writ petition whereby the Tribunal has allowed the revision petition filed by the petitioner/respondent No.2 herein setting aside the order of the original Authority in renewing the permit of the petitioner herein.
2. The petitioner is claiming to be the holder of a stage carriage permit bearing No.66/99-2000 authorised to operate on route between Anur Cross and Bengaluru and back. The petitioner had filed an application on 15.12.2009 under Section 81 of the Motor Vehicles Act, 1988 r/w Rule 76 of the Karnataka Motor Vehicles Rules, 1989 for renewal of the permit. The respondent No.1 renewed the permit for a period of five years from the date of its expiry, against which the respondent No.2 preferred revision petition No.634/2012 and the same came to be allowed. Hence, this writ petition.
3. Learned counsel appearing for the parties ad idem submit that the permit of the petitioner is a saved permit under the Notification dated 28.9.2017 as well as 7.3.2019 and hence the matter requires re-consideration by the original Authority-respondent No.1 herein.
4. In view of the aforesaid, the order impugned at Annexure-C dated 8.5.2015 passed in R.P.No.634/2012 is set aside and the proceedings are remitted to the file of the respondent No.1 to re-consider the application of the petitioner for renewal of permit in accordance with law keeping in mind the Notifications dated 28.9.2017 and 7.3.2019 issued by the Government of Karnataka after conducting the joint route survey, if necessary, in an expedite manner, in any event, not later than 12 weeks from the date of receipt of certified copy of the order. All the rights and contentions of the parties are left open.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE Dvr: