IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.10419/2019 (MV) BETWEEN:
SRI K.KESHAVAN S/O SRI K.A.KUPPUSWAMY AGED ABOUT 44 YEARS R/AT No.2153, 1ST CROSS B.M.KAVAL LAYOUT, HAL 3RD STAGE BENGALURU-560075. …PETITIONER (BY SRI B.R.S.GUPTA, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, B.C.A COMPLEX KORAMANGALA, BENGALURU-560034 BY ITS SECRETARY.
2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTHAIAH ROAD BENGALURU-560027 BY ITS MANAGING DIRECTOR.
3. REHANA BEGUM W/O SHAIK SHFIULLA No.33, NEW No.8, 11TH CROSS SHAMPUR MAIN ROAD NEXT TO ASHRAFIYA MOSQUE NEAR Dr. AMBEDKAR MEDICAL COLLEGE R.T. NAGAR POST, BENGALURU-560032.
[CAUSE TITLE AMENDED VIDE ORDER DATED 16.04.2019] …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA FOR R-1; SRI M.E.NAGESH, ADV. FOR R-3;
SRI HAREESH BHANDARY.T., ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE RESOLUTION OF THE RESPONDENT No.1 PASSED IN SERIAL No.17, SUBJECT No.54/18-19 DATED 30.01.2019 MARKED UNDER ANNEXURE-B.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the Resolution of the first respondent passed in Serial No.17, Subject No.54/18-19 dated 30.01.2019 mainly on the ground that the respondent-authority has referred to R.P.No.612/2000 and other connected matters further to W.P.Nos.2578-79/2002 and allied matters which has no bearing to the permit of the petitioner since no such proceedings were initiated against the permit of the petitioner either before the Tribunal or before this Court.
2. Pointing out these flaws in the decision taken by the respondent-authority, learned counsel for the petitioner submits that the respondent-authority has passed the order in perfunctory manner without application of mind. It is submitted that by virtue of the notification dated 28.09.2017 as well as 07.03.2019 issued by the Government of Karnataka, the permit of the petitioner is saved and accordingly the same requires to be considered by the respondent-authority.
3. Learned counsel appearing for the respondents have no objections to remand the matter to the respondent-authority to re-consider the issue in the light of the notifications dated 28.09.2017 and 07.03.2019 issued by the Government of Karnataka.
4. In view of the aforesaid, the order impugned at Annexure-B dated 30.01.2019 is set aside and the proceedings are restored to the file of the respondent No.1 – Authority to re-consider the same in the light of the observations made herein, keeping in mind the notifications dated 28.09.2017 and 07.03.2019 referred to above, after conducting a Joint Route Survey. All rights and contentions of the parties are left open including the jurisdictional issue, if any.
Compliance of this order shall be made in an expedite manner in any event not later than twelve weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.