IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.13625-13626/2019 (MV) BETWEEN:
SRI B.R.NANDISH S/O B.RAJANNA AGED ABOUT 35 YEARS R/AT No.18, 665/A SAJJAN RAO ROAD, V.V. PURAM BENGALURU-560004 [TRANSFEREE OF THE PERMIT HELD BY SMT JAYALAKSHMI W/O B.RAJANNA.]. …PETITIONER (BY SRI C.M.S. SHARIFF, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, BDA COMPLEX KORAMANGALA, BENGALURU-560034 BY ITS SECRETARY.
2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION, K.H. ROAD BENGALURU-560027 BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA. FOR R-1; SRI B.PALAKSHAIAH, ADV. FOR R-2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS PASSED BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL IN REVISION PETITION No.705/2012 DATED 04.05.2015 AND REVISION PETITION No.65/2015 DATED 05.06.2015 PRODUCED AT ANNEXURE-D AND E.
THESE PETITIONS COMING ON FOR ORDERS, 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 (‘Tribunal’ for short) dated 4.5.2015 and 5.6.2015 in R.P.Nos.705/2012 and 65/2015 respectively whereby the revision petitions filed by the KSRTC-respondent No.2 has been allowed setting aside the order passed by the respondent No.1 Authority in Sl.No.49, subject No.104/2009-10 dated 9.4.2012.
2. The petitioner is claming to be the stage carriage permit holder bearing No.27/98-99 (Old No.25/58-59) valid up to 31.3.2020 authorised to operate on the route between Thovinakere to Bengaluru and back. The Resolution passed by the respondent No.1 granting renewal of the permit has been set aside by the Tribunal mainly on the ground of overlapping and not a saved permit as per the Notification dated 31.5.2007. It is contended that aggrieved by the impugned orders of the Tribunal passed in R.P.Nos.705/2012 and 65/2015, the petitioner had preferred W.P.Nos.27497-27498/2015 and initially interim order was granted and the petitioner was operating the service. The Government having withdrawn the very proposal for the amendment by the Notification dated 5.8.2015, the petitioner filed W.P.No.37455/2015 and the petitioner was permitted to operate the service as he was doing on 17.12.2014 on the remand order passed by this court. The State Government modified the Bellary, Bengaluru, BTS, Kolar, Mysuru and Kanakapura Schemes by Notification dated 28.9.2017 and 7.3.2019 and saved all the permits which were in operation as on 14.1.2002 and by virtue of the same, the petitioner’s permit is a saved permit.
3. The learned counsel appearing for the parties ad idem submit that the matter requires re- consideration by the respondent No.1 Authority in view of the Notification dated 28.9.2017 and 7.3.2019 issued by the Government of Karnataka whereby the permit of the petitioner has been saved.
4. Accordingly, the orders impugned dated 04.05.2015 and 05.06.2015 in Revision Petition Nos.705/2012 and 65/2015 respectively, passed by the Tribunal are set aside. The proceedings are restored to the file of the Tribunal to re-consider the same in the light of the notifications dated 28.09.2017 and 07.03.2019 and a decision shall be taken in accordance with law in an expedite manner.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE NC.