IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR WRIT APPEAL NO.2670 OF 2018 A/W WRIT APPEAL NO.1530 OF 2018, WRIT APPEAL NO.1589 OF 2018 WA No.2670 of 2018 BETWEEN:
SRI G A SANAULLA S/O G AMANULLA AGED ABOUT 50 YEARS, NO.89, MAHALAKSHMI LAYOUT KHUTUB SHAHIN SHA NAGAR KOLAR - 563 101 ... APPELLANT (BY SRI. NARAYANA SWAMY V K, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL B.D.A. COMPLEX KORAMANGALA BENGALURU – 560 034 BY ITS SECRETARY 2. SMT.REHANA BEGUM W/O SHAIK SHAFIULLA NO.33, 11TH CROSS SHOMPURA MAIN ROAD NEXT TO ASHRAFIYA MASAJID R T NAGAR BANGALORE – 560 032 3. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION K H ROAD BENGALURU – 560 027 BY ITS MANAGING DIRECTOR ... RESPONDENTS (BY SRI.S.S.MAHENDRA, AGA FOR R1;
SRI.B.PHALAKSHAIAH, ADV. FOR R2) THIS APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WRIT PETITION 28888- 889/2015 DATED 20/8/2015 AND ALLOW THE WRIT PETITION AS PRAYED FOR.
WRIT APPEAL NO.1530 OF 2018 BETWEEN:
MR.MOHAMMED IRSHAD S/O MR.T MOHAMMED BASHEER, AGED ABOUT 37 YEARS, NO.842, POST OFFICE ROAD, GORIPET, KOLAR PIN – 563 110 ... APPELLANT (BY SRI. B R SUNDARA RAJA 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 SHANTHINAGARA BENGALURU - 560 027 BY ITS MANAGING DIRECTOR 3. SRI V GEETHESH S/O SRI AVC VEERABHADRAPPA MAJOR BY AGE, PROPRIETOR VIJAYA MOTOR SERVICE, VIJAYAPURA, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN : 562 135 4. SRI N SREENIVASA NAIDU S/O SRI.NARAYANASWAMY NAIDU, MAJOR BY AGE ANNAPOORNESHWARI NILAYA , ANJANI EXTENSION, CHINTAMANI, PIN - 563 125 ... RESPONDENTS (BY SRI.S.S.MAHENDRA, AGA FOR R1; SRI.B.PHALAKSHAIAH, ADV. FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF LEARNED SINGLE JUDGE PASSED IN WRIT PETITION 28112/2015 DATED 20/8/2015 AND ALLOW THE WRIT PETITION AS PRAYED FOR.
WRIT APPEAL NO.1589 OF 2018 BETWEEN: SRI.S.M.MANJUNATH S/O SRI.MUNIYAPPA AGED ABOUT 62 YEARS, NO.2, NAGARTHPET SIDLAGHATTA, KOLAR DISTRICT PIN : 562 105 ... APPELLANT (BY SRI.B R SUNDARA RAJA GUPTA, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 BY ITS SECRETARY 2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTHAIAH ROAD SHANTHINAGAR BENGALURU – 560 027 BY ITS MANAGING DIRECTOR ... RESPONDENTS (BY SRI.S.S.MAHENDRA, AGA FOR R1; SRI.B.PHALAKSHAIAH, ADV. FOR R2) THIS WRIT IS APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WRIT PETITION NO.24872/2015 DATED 20/08/2015 AND ALLOW THE WRIT PETITION AS PRAYED FOR AND GRANT SUCH OTHER RELIEFS.
THESE WRIT APPEALS COMING ON FOR ORDERS, THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:
J U D G M E N T There is a delay of 1075 days in filing the Writ Appeals. The learned counsel submits that delay has been condoned in the connected matters. For the said reason that the delay has been condoned in the connected matters, we are inclined to condone the delay in these appeals also.
2. Accordingly, IA No.1/2018 is allowed. IA.III of 2018 is filed in WA No.1530 of 2018 seeking for production of documents.
3. During pendency of the writ petitions, a Notification dated 05th August, 2015 came to be issued. The learned single Judge disposed of the writ petitions as having become infructuous on the basis of the said notification. The very notification, again was the subject matter in the batch of writ petitions No.49713-49720 of 2015 and connected petitions in the case of SRI B. ATHAULLA KHAN AND OTHERS v. STATE OF KARNATAKA AND OTHERS reported in ILR 2017 KAR 4487 in which the very notification has been set aside.
4. In view of the fact that the writ petitions were disposed of on the basis of the Notification which notification is subsequently set aside, we feel that it is just and proper to remand these matters to the learned single Judge to reconsider and pass appropriate order.
5. Accordingly, these appeals are disposed of remanding the matter to the learned single Judge to reconsider and pass appropriate orders in accordance with law. All contentions are kept open.
Sd/- JUDGE lnn Sd/- JUDGE