IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.53108-53111/2017 (MV) BETWEEN:
1. Sri B. S. Shiva Kumar S/o. Late B. P. Siddappa Aged about 50 years 1st Cross, Kuvempunagar Tumakuru – 572 107 2. Sri T. R. Vijay Kumar S/o. G. Rangappa Age 52 years Gaviranga Nilaya, Ring Road Tumakuru – 572 107 3. Sri T. V. Kishar S/o R. Vijayanagar Aged 43 years Gavi Ranga Nilaya Near Gavi Ranga Kalyana Mantapa Tumakuru – 572 107 4. Sri T. R. Manjunath S/o. Late N.R. Revanna Aged 36 years SRS Tourist Service Old Bus Stand Tumakuru – 572 107 …. Petitioners (By Sri Siddananjaiah, Adv.) AND:
1. Deputy Transport Commissioner & Secretary Regional Transport Authority Office of Regional Transport Office Tumakuru – Bengaluru Main Road Tumakuru – 572 107 2. Divisional Controller Karnataka State Road Transport Corporation KSRTC Bus Stand Tumakuru – 572 107 …Respondents (By Sri Dildar Shiralli, HCGP for R1; Sri Harish T Bhandary, Adv. for R2) These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent No.1 to consider the representation of petitioners at Annx-G, H, J & K to check and stop the illegal plying of KSRTC buses and etc.
These petitions coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:-
O R D E R The petitioners are claiming to be stage carriage operators in Tumakur District with a valid permit issued by the Regional Transport Authority and paying tax to the Government. The routes operated by the petitioners are non-monopoly routes.
2. It is the grievance of the petitioners that respondent No.2 – KSRTC, Tumkuru Division, started service of buses on the routes of the petitioners without obtaining permit from the Regional Transport Authority under Section 72 of the Motor Vehicles Act, 1988. It is the contention of the petitioners that representations were made before respondent No.1-Authority regarding the same, but no action has been taken by respondent No.1 in this regard. Aggrieved by the same, the petitioners are before this Court.
3. Respondent No.2-KSRTC would submit that by virtue of the notification dated 07.03.2019 issued by the Government of Karnataka, respondent No.2-KSRTC is entitled to operate multiple services. Hence, further consideration of the representations of the petitioners by respondent No.1 does not survive. Accordingly, seeks for the rejection of the writ petitions.
4. However, considering the totality of circumstances of the case, this Court is of the considered view that interest of justice would be sub- served in directing the respondent No.1 to consider the representations of the petitioners in accordance with law and take a decision in an expedite manner keeping in mind the notification dated 07.03.2019 issued by the Government of Karnataka.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE SN