IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.10345/2013 C/W WRIT PETITION No.15746/2013 (MV) IN W.P.No.10345/2013:
BETWEEN:
SRI G.R.PRATHAP REDDY S/O LATE G.RAMA REDDY AGE 58 YEARS SAPTHAGIRI, VIDYANAGAR I CROSS, CHITRADURGA. …PETITIONER [BY SRI M.E.NAGESH, ADV.] AND:
1. THE REGIONAL TRANSPORT AUTHORITY CHITRADURGA-577501 BY ITS SECRETARY.
2. THE SECRETARY RTA, CHITRADURGA-577501.
3. R.M.SHIVASHANKARAPPA PROPRIETOR, M/S. S.R. EXPRESS HIREHALLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577501. …RESPONDENTS [BY SRI DILDAR SHIRALLI, HCGP FOR R-1 & R-2; SRI B.R.SHAILENDRA, ADV. FOR R-3;
SRI R.LOKESH, ADV. FOR IMPLEADING PROPOSED RESPONDENT.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS & QUASH THE ORDER PASSED BY THE STATE TRANSPORT APPELLATE TRIBUNAL PASSED IN APPEAL No.820/12, DATED 07.09.2012 VIDE ANNEXURE-C.
IN W.P.No.15746/2013:
BETWEEN:
SRI M.R.MOHAMMED SAMIULLA S/O M.ABDUL RAZAK SAB AGE ABOUT 57 YEARS BUS OPERATOR FLAT No.7, 2ND STAGE, 2ND CROSS GOLDSMITH COLONY C.B.BELLARY-583102. …PETITIONER [BY SRI A.S.PARASARA KUMAR, ADV.] AND:
1. THE REGIONAL TRANSPORT AUTHORITY CHITRADURGA-577501 BY ITS CHAIRMAN.
2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY CHITRADURGA-577501.
3. R.M.SHIVASHANKARAPPA PROPRIETOR, M/S. S.R. EXPRESS HIREHALLI, CHALLAKERE TALUK CHITRADURGA DISTRICT-577501. …RESPONDENTS [BY SRI DILDAR SHIRALLI, HCGP FOR R-1 & R-2; SRI B.R.SHAILENDRA, ADV. FOR R-3.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH THE IMPUGNED ORDER PASSED BY THE TRIBUNAL IN APPEAL No.820/12 DATED 07.09.2012 IN ALLOWING THE APPEAL AND GRANTING THE VARIATION AS PRAYED FOR AND DIRECT THE RESPONDENT No.2 TO ASSIGN THE TIMINGS VIDE ANNEXURE-C.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have challenged the order of the Karnataka State Transport Appellate Tribunal ['Tribunal' for short] passed in Appeal No.820/2012 dated 07.09.2012 whereby the appeal preferred by the respondent No.3 has been allowed setting aside the order dated 24.12.2011 of the Regional Transport Authority, Chitradurga ['RTA' for short]. The respondent No.3 is granted with the variation in the permit by way of curtailment and extension of route as prayed and the Secretary, RTA has been directed to assign timings within a time frame.
2. The petitioners are claiming to be the rival operators in the route in question, Chitradurga to Jagaluru etc. It is the contention of the petitioners that the RTA has obtained a joint route survey report and analyzing the material on record, rejected the request of the respondent No.3 for variation by curtailment and extension of the route, as prayed. The Tribunal allowed the appeal contrary to Section 80[3] of the Motor Vehicles Act, 1988 ['Act' for short].
3. The learned counsel for the respondent No.3 has filed a memo for disposal of the writ petition submitting that varied route granted is on non- monopoly route as could be seen from the joint route survey report and even if it is to be construed as monopoly route, in view of the notification published by the Government of Karnataka dated 07.03.2019, the permit of respondent No.3 is saved. It is also submitted that the renewal endorsement of the variation dated 26.10.2017 has been issued by the respondent No.1 – authority.
4. The learned counsel appearing for the petitioners submits that the rival operators are aggrieved by the timings assigned by the respondent No.1. To the said effect, the matters require consideration by the Original Authority.
5. Considering all these aspects, this Court deems it appropriate to confirm the order of the Tribunal in so far as variation granted curtailing the routes as prayed by the respondent No.3. However regarding the timings assigned by the respondent No.1, the matters require re-consideration and accordingly, the respondent – Secretary, RTA is directed to re- consider the issue of assignment of timings after hearing the petitioners as well as the rival operators on the routes concerned.
6. Compliance of this order shall be made by the respondent No.2 in an expedite manner in any event, not later than three months from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petitions stand disposed of.
In view of the disposal of the writ petitions, all the pending IAs stand disposed of.
Sd/- JUDGE NC.