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.56142 & 56783 – 56784/2016 (MV) BETWEEN :
SRI ANJAPPA S/O GUPALIYAPPA AGED ABOUT 36 YEARS NO.320/10, 29TH MAIN ROAD B.T.M. LAYOUT, 8TH STAGE BENGALURU-560 068 ...PETITIONER (BY SRI SIDDANANJAIAH, ADV.) AND :
1. THE REGIONAL TRANSPORT AUTHORITY BANGALORE RURAL BY ITS SECRETARY B D A COMPLEX KORAMANGALA BENGALURU-560 034 2. KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, K.H. ROAD SHANTHINAGAR BANGALORE-560 027 REP. BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1; SRI B.PALAKSHAIAH, ADV. FOR R-2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS OF THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU IN R.P.No.539/2012, R.P.No.546/2012 AND R.P.No.554/2012 DATED 18.04.2015 AT ANNEXURES-G, H & J.
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 Original Authority.
2. The said submission is placed on record.
3. In view of the aforesaid, the writ petitions stand disposed of setting aside the orders impugned dated 18.4.2015 at Annexures-G, H and J to the writ petitions and the matter is remanded to the Original Authority- respondent No.1 for re-consideration in accordance with law. All rights and contentions of the parties are left open. The Authority shall decide the matter in an expedite manner, in any event, not later than 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 on the routes assigned until a decision to be taken by the respondent No.1.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE Dvr: