IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION Nos.7262-7265 OF 2016 (MV) BETWEEN:
1. Sri D.M.Shiva Prasad, S/o. Sri D.S.Mallikarjunappa, Aged about 39 years, Kalpavruksha Travels, Chelur road, Chintamani, Chickaballapura District, PIN: 563 125.
2. Mr. Abdul Majeed, S/o. Mr.D.Abdul Khader, Aged about 39 years, O.P.O.Road, Hosakote, Bengaluru Rural District, PIN: 562 114.
…Petitioners (By Sri.B.R.S.Gupta, Advocate) AND:
1. The State of Karnataka, Represented by Secretary to Government, Transport Department, Multistoreyed Buildings, Dr. Ambedkar Veedhi, Bengaluru-560 001.
2. The Regional Transport Authority, Bengaluru Rural, B.D.A.Complex, Koramangala, Bengaluru-560 034. By its secretary.
3. The Karnataka State Road- Transport Corporation, Kengal Hanumanthaiah Road, Bengaluru-560 027, By its Managing Director.
4. Sri V.Gopi, S/o.Sri J.Venkatachalamaiah, Balaji Transports, Bamboo Bazaar, Chintamani, Chickaballapura District, PIN: 563 125.
5. Smt. R.Meghana, W/o. Sri J.Shiva Ganesh, Proprietrix, Balaji Transports, No.1903, Mysuru Road, N.T.Pet, Bengaluru-560 032.
(By Sri. M.Shivareddy, HCGP for R1 & R2; Sri. M.S.Harish Kumar, Advocate for R3; R4 & R5 are served) …Respondents These Writ Petitions are filed under Articles 226 and 227 of The Constitution of India praying to call for the entire records pertaining to the orders of Karnataka State Transport Appellate Tribunal passed in Revision Petition No.711/2012 and 1471/2012 dated 26.11.2014 vide Annexure-C and the order passed on 6.8.2015 in Misc.Petitions No.36 & 37 of 2015 vide Annexures-E & F by issue of a Writ of Certiorari or any other appropriate Writ, order or direction and etc., These Writ Petitions coming on for Orders this day, the Court made the following:
ORDER The short grievance of the petitioners who claim to be the stage carriage permit holders against the impugned orders dated 26.11.2014 at Annexure-C and of 06.08.2015 at Annexures-E & F is that the adjudicatory authorities below i.e., the authors of the said orders have proceeded on a wrong factual premise that the petitioners have not renewed the Stage Carriage Permits for the interregnum period in question.
2. The respondents having entered appearance after service of notice through their counsel, resisting the writ petition contend that the authorities below had given abundant opportunities to the petitioners to place on record some evidentiary material to form an opinion as to the renewal of their permits in question and despite that, the they had not chosen to produce any material and therefore, they are not justified in complaining before the Writ Court against the impugned orders.
3. I have heard learned counsel for the petitioners and learned counsel opposing the writ petitions. I have perused the Petition papers and also the notification dated 28.09.2017, a copy whereof is at Annexure-G to the application in I.A.No.1/2018.
4. Petitioners have now produced some material by way of Annexures to the writ Petitions, prima facie to show that during the interregnum the permits in question were renewed; despite opportunity being afforded, the same was not placed before the Authorities below is also true. Merely because the petitioners did not choose to produce the materials before the Authorities below, would not be a sufficient ground to deny the relief to them inasmuch as the renewal of permits are generated in exercise of statutory power and therefore, a presumption arises as to the same being within the knowledge of respondent-Authorities who ought to have appraised the Authorities below of fact position.
5. The Apex Court in the case of Niranjanlall Agarwalla v/s. Union of India, AIR 1969 SC 23 has relate that the writ Petition of the citizen cannot be thrown out on some technical grounds. The Apex Court has observed as under:
“it does not behove the state to contest a good claim on the off chance of success on some unsubstantial technical plea.”
6. In the above circumstances, these Writ Petitions succeed in part; a Writ of Certiorari is issues quashing the impugned orders dated 26.11.2014 at Annexure-C and orders evenly dated 06.08.2015 at Annexures-E and F to the extent same relate to the petitioners; the matter is remitted back to the Karnataka State Transport Appellate Tribunal for consideration afresh in accordance with law, after providing an opportunity of hearing to all the stage carriage permit holders, without brooking delay.
All the contentions of the parties are kept open to be urged before the Tribunal.
No costs.
Sd/- JUDGE DS/-