IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.49046/2017 (MV) BETWEEN:
SRI K.KEMPARAJU S/O LATE KEMPARANGAIAH, AGED ABOUT 35 YEARS, BUS OPERATOR, NO.39, GARADAGALLU (3), SASULU (H), DODDABALLAPUR (TQ), BANGALORE RURAL DISTRICT. ... PETITIONER [BY SRI PUTTIGE R. RAMESH, ADV.] AND:
1. THE REGIONAL TRANSPORT AUTHORITY BANGALORE CENTRAL, BDA COMPLEX, KORAMANGALA, BANGALORE-560 034, REP. BY ITS CHAIRMAN.
2. THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, K.H. ROAD, SHANTHINAGAR, BANGALORE-560 027. …RESPONDENTS [BY SRI DILDAR SHIRALLI, HCGP FOR R-1; SRI HAREESH BHANDARY T., ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND QUASH THE ORDER PASSED BY THE STATE TRANSPORT APPELLATE TRIBUNAL IN R.P.NO.1198/2012 DATED 04.08.2015 VIDE ANNEX-P.
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 Karnataka State Transport Appellate Tribunal (‘Tribunal’ for short) in R.P.No.1198/2012 dated 04.08.2015 at Annexure-P.
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.
Writ petition stands disposed of setting aside the order of the Tribunal in R.P.No.1198/2012 dated 4.8.2015 and restoring the file to respondent No.1 for re-consideration relating to the renewal application filed by the petitioner. Respondent No.1 shall re-consider the renewal application at Annexure-T in terms of the Notification dated 07.03.2019 issued by the Government of Karnataka after holding a joint survey including the jurisdiction of the authority and on providing an opportunity of hearing to the concerned. All the rights and contentions of the parties are left open. This exercise shall be done by the respondent No.1 in an expedite manner, in any event, not later than 12 weeks from the date of receipt of certified copy of this order.
Sd/- JUDGE Dvr: