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 NOS.37621-37622/2017 (MV) Between:
Sri Ignatious C D’Souza S/o Sri.Peter D’Souza, Aged about 50 years, Bus Operator, Alwyn Cottage, Perumude, Bajpe, Mangalore, D.K. …Petitioner (By Sri.A.S.Parasara Kumar, Advocate) And:
1. The Secretary, Karnataka State Transport Authority, 1st Floor, T.T.M.C. B.M.T.C.
Building, K.H.Road, Shanthinagar, Bangalore – 560 027.
2. Smt Irene Pinto W/o Xerome Pinto, Bus Operator, Pinto Compound, Damas Katte House, Kinnigoly, Mangalore-574 104. D.K.
3. Sri Ibrahim S/o.Mohammed, Bus Operator, Koppalangadi House, Kaup Post, Udupi District-576 101.
4. Sri.Nobert Sunil D’Mello, S/o Sri.G.V.D. Mello, Aged about 45 years, Inbettu Village, Guthakadu House, Kinnigoly Post, Mangalore, D.K.
5. Sri.G.Achabba, S/o Sri.G.N.Fakruddin, Aged about 45 years, R/at Near Sedi Compound, Gurupura Post, Mangalore, D.K.
6. Sri. Umesh R Saliyan, S/o Rukkappa Kotiyan, Aged about 40 years, Bus Operator, Balmatta, M.G.Road, Mangalore – 4, D.K.
7. Sri. Venugopal Shetty, S/o Balakrishna Shetty, Aged about 45 years, Madhur House, Kotekar Post, Mangalore – 4, D.K.
Represented by GPA Holder, Sri.Durga Prasad Hegde, S/o Balakrishna Shetty, Aged about 45 years, Aikala Post, Mangalore Taluk.
8. Sri.Krishna Muthad, S/o Chandan, Aged about 57 years, R/at Akash Sankolige, Post: Someshwara, Uchila, Mangalore, D.K.
Represented by GPA Holder, Sri.Durga Prasad Hegde, S/o Balakrishna Shetty, Aged about 45 years, Aikala Post, Mangalore Taluk.
9. Sri.Chandrahasa Poojary, S/o Padma Poojary, Aged about 45 years, Mullakad, Kavoor Road, Mangalore, D.K.
10. Sri.Rajesh Shetty, S/o late Vittal Shetty, Aged about 45 years, Deepa Priya, Pandabettu, Udupi.
11. Sri.Swaraj S Shetty, S/o Sri.S.Shetty, Aged about 52 years, Vishwas Finance Corporation, Maharaja Building, Nidhan Road West, Mangalore , D.K.
12. Sri.Durga Prasad Hegde, S/o Balakrishna Shetty, Aged about 45 years, Pade House, Aikala Post, Mangalore Taluk.
13. Smt. Pramoda U Shetty, W/o Udaykumar Shetty, Aged about 40 years, Sri.Devikrupa, Ellinje, Aikala Post, Mangalore, D.K.
...Respondents (By Sri.Dildar Shiralli, HCGP for R1; Sri.R.Lokesh, Advocate for R2 and R3; Sri.A.Srikanth, Advocate for R4- 13) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed by the Tribunal in R.P.No.467 and 468/2015 dated 05.08.2017 vide Annexure- V and etc., These petitions coming on for orders this day, the Court made the following:
ORDER With the consent of the parties, the matters are taken up for final disposal at this stage itself.
2. The petitioner has challenged the order passed by the Karnataka State Transport Appellate Tribunal in R.P.No. 467 and 468/2015 dated 05.08.2017, whereby the revision petitions filed by the rival operators were allowed, remanding the matter to the original authority – respondent No.1.
3. The learned counsel appearing for the petitioner, fairly and rightly submits that in view of the remand order passed by the Tribunal permitting the petitioner to operate with the timings assigned till the disposal of the matter by the respondent No.1 in terms of the decision taken by the respondent No.1 on 09.09.2015 regarding proposed timings, the writ petitions may be disposed of permitting the petitioner to continue to operate in the routes in question in terms of the timings assigned as per Annexure `F’ i.e. the decision taken by the respondent No.1 on 09.09.2015.
4. The learned counsel for the respondents do not dispute the said submission.
In view of the above, these writ petitions stand disposed of, confirming the order of the Tribunal in restoring the proceedings to the file of the respondent No.1. The respondent No.1 shall consider the objections of the rival operators, if any, and after hearing the petitioner as well as the rival operators, shall take a decision in accordance with law, in an expedite manner, in any event, not later than eight weeks from the date of the receipt of the certified copy of the order.
The petitioner shall continue to operate with the said timings as at Annexure `F’ till a decision is taken by the respondent No. 1 – authority.
With the above said observations and directions, the writ petitions stand disposed of.
Sd/- JUDGE mgn/-