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 No.54449/2016 (MV) BETWEEN:
Sri K. Anantharaju S/o Late Krishnamraju Age 74 years Madhusudan Motors Gulpet, Kolar-563101 By GPA Holder Sri K.A. Ramakrishnaraju S/o. Anantharaju Madusudhana Motors Gulpet, Kolar-563101 ... Petitioner (senior citizenship benefit not claimed) (By Sri M. E. Nagesha, Advocate) AND:
1. The State Transport Authority TTMC Building, K.H. Road Bengaluru – 560 027 By its Secretary 2. The Karnataka State Road Transport Corporation, K.H. Road Bengaluru – 560 027 By its Managing Director …Respondents (By Smt. Pramodhini Kishan, AGA for R1; Sri Hareesh Bhandary .T., Adv. for R2) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed by State Transport Appellate Tribunal on 11.09.2015 in Appeal No.1976/2007 vide Annexure-E and etc.
This petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
O R D E R The petitioner has challenged the order passed by the Tribunal in Appeal No.1976/2007 dated 11.09.2015 at Annexure – E to the writ petition.
2. The learned counsel appearing for the parties submit ad-idem that the subject matter of this writ petition is similar to the one considered in W.P.No.23907/2018 (MV), disposed of by this Court vide order dated 19.07.2018, whereby this Court directed the Regional Transport Authority to consider the renewal application of the petitioner in the light of the notification dated 28.09.2017. A copy thereon is placed on record.
3. The learned counsel for the petitioner submits that the Rule itself having been amended vide Notification dated 27.07.2018, the case of the petitioner is strengthened. This assertion is not disputed by the learned counsel for the other side.
4. It is further submitted that by the Notification dated 07.03.2019, a new Comprehensive Area Scheme for the entire State of Karnataka has been issued by the Government of Karnataka in terms of sub-section (3) of Section 100 of the Motor Vehicles Act, 1988 whereby the existing permits with the trips and vehicles to whom permits are granted and issued by transport authorities, in operation as on 18.12.2014, and also pending renewal to operate their services on inter-State, intra-State, inter-district and intra-district routes notwithstanding anything contained in any of the approved schemes as well as the existing permits in operation with trips and vehicles of the private stage carriage operators, who are operating on non monopoly routes/area as on 24.03.2018 and the existing permits in operation according to notification dated 28.09.2017 issued by the Government of Karnataka subject to decision of the Hon’ble High Court of Karnataka are saved. The said Notification also supports the case of the petitioner.
5. For the foregoing reasons, this writ petition stands disposed of setting aside the impugned order at Annexure – E dated 11.09.2015. The proceedings are restored to the file of respondent No.1 – State Transport Authority, Bengaluru, to consider the petitioner’s application for renewal of stage carriage permit in accordance with law.
6. Respondent No.1 shall conduct joint survey of the routes in question and thereafter pass appropriate orders in accordance with law after hearing all the parties concerned, in an expedite manner, in any event, not later than twelve weeks from the date of receipt of certified copy of the order. All the rights and contentions of the parties are left open.
7. The petitioner shall continue to operate the service till 15.07.2019 or till the decision of the respondent No.1-Authority, whichever is earlier.
Sd/- JUDGE SN