IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.1271 – 1272/2016 (MV) BETWEEN :
SRI K.CHANDRASHEKAR S/O LATE K.RAMACHANDRA SHETTY, AGED ABOUT 60 YEARS, PROPRIETOR, KUSUMA MOTOR SERVICE, NO.2, YASMINSAB STREET, WARD NO.23, COWL BAZAAR, BALLARI-583 102, NOW R/AT C/O KISHORE FLAT NO.209, MANJUNATHA ARCADE, KAGGADASAPURA MAIN ROAD, VIJAYANAGAR, BANGALORE-560075. ...PETITIONER (BY SRI B.R.SUNDARARAJA GUPTA, ADV.) AND :
1. THE KARNATAKA STATE TRANSPORT AUTHORITY, B.M.T.C., BUILDINGS, "A" BLOCK, KENGAL HANUMANTHAIAH ROAD, SHANTHINAGAR, BENGALURU-560 027, BY ITS SECRETARY.
2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION, KENGAL HANUMANTHAIAH ROAD, BENGALURU-560 027, BY ITS MANAGING DIRECTOR.
3. Mr. M.KHALEEM S/O Mr. SANAULLA, B.M.S. MOTORS, HOUSE NO.66, WARD NO.6, SULAIMANKHAN STREET, BANDIMOT, BALLARI-583 101. …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1; SRI B.PALAKSHAIAH, ADV. FOR R-2; SRI C.M.S.SHARIFF, ADV. FOR R-3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL PASSED IN R.P.Nos.274 & 279 OF 2015 DATED 10.12.2015 VIDE ANNEXURE-E.
THESE PETITIONS 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 of the Karnataka State Transport Appellate Tribunal, Bengaluru (‘Tribunal’ for short) passed in R.P.Nos.274 and 279 of 2015 dated 10.12.2015 at Annexure-E to the writ petition whereby the Tribunal has allowed the revision petitions filed by the petitioners/respondent Nos.2 and 3 herein setting aside the order of the original Authority in renewing the permit of the petitioner herein.
2. The petitioner is claiming to be the holder of a stage carriage permit bearing No.4/90-91 authorised to operate on route between Ballari and Sandur-one round trip and Bandri to Sandur to perform two round trips per day. The petitioner had filed an application under Section 81 of the Motor Vehicles Act, 1988 r/w Rule 76 of the Karnataka Motor Vehicles Rules, 1989 for renewal of Permit which has been considered and permit was renewed against which the respondent Nos.2 and 3 had preferred revision petitions and the same came to be allowed. Hence, these writ petitions.
3. Learned counsel appearing for the parties ad idem submit that the permit of the petitioner is a saved permit under the Notification dated 28.9.2017 as well as 7.3.2019 and hence the matter requires re-consideration by the original Authority-respondent No.1 herein.
4. In view of the aforesaid, the order impugned at Annexure-E dated 10.12.2015 is set aside and the proceedings are remitted to the file of the respondent No.1 to re-consider the application of the petitioner for renewal of permit in accordance with law keeping in mind the Notifications dated 28.9.2017 and 7.3.2019 issued by the Government of Karnataka after conducting the joint route survey, if necessary. The compliance shall be made in an expedite manner, in any event, not later than 12 weeks from the date of receipt of certified copy of the order. It is needless to observe that the petitioner shall continue to operate the services in the routes assigned till a decision is taken by the respondent No.1-Authority. All the rights and contentions of the parties are left open.
With the aforesaid observations and directions, writ petitions stand disposed of.
In view of the disposal of the writ petitions, I.A.1/18 also stands disposed of.
Sd/- JUDGE Dvr: