IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI WRIT APPEAL Nos.5604-05/2013 (MV) BETWEEN:
SRI K. PRAVEEN S/O. LATE SANJEEVA, AGED ABOUT 42 YEARS, R/O. PRAVEEN NILAYA, NO.8-143, DAMBEL, ASHOKNAGAR, MANGALORE – 575 006 D.K. DISTRICT. ... APPELLANT (BY SRI C.V. KUMAR, ADVOCATE) AND:
1. THE SECRETARY KARNATAKA STATE TRANSPORT AUTHORITY, M.S. BUILDING, BANGALORE – 560 001.
2. MR. PETER D’SOUZA S/O. MOURIS D’SOUZA AGED ABOUT 49 YEARS, G.J. COELHO COMPOUND KANAKANADY POST, NAGORI, MANGALORE – 575 002 D.K. DISTRICT.
3. MR. JUNIFER C. ALVARIS S/O. JOSEPH AGED ABOUT 47 YEARS, SHARON, VAMANJOOR, MANGALORE, D.K. DISTRICT – 575 028.
4. MR. P.H. MOHAMMED S/O. HAJI P.M. HUSSAINER, MAJOR, SHALIMAR HOUSE, MANJANADI VILLAGE, MANGALORE, D.K. DISTRICT – 574 216.
5. THE SECRETARY REGIONAL TRANSPORT AUTHORITY, D.K. MANGALORE – 574 216. ... RESPONDENTS (BY SRI M.E. NAGESH, ADVOCATE FOR C/R-2; SRI KIRAN KUMAR, HCGP FOR R-1 & R-5; R-4 SERVED) ***** THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.8586-8587/2013 (MV) DATED 06/08/2013.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T Learned H.C.G.P. accepts notice for respondent No.5. Office to show learned H.C.G.P. for respondent Nos.1 to 5.
2. Learned counsel for appellant and learned counsel for caveator respondent No.2 jointly submit that the writ appeal has been rendered infructuous in view of the New Comprehensive Area Scheme for the entire State of Karnataka, issued by the Notification dated 07/03/2019 bearing No.SARIE 174 SAAEPA 2015, Bengaluru, saving the existing permits with trips and routes.
3. In this regard, our attention is drawn to Clause d(iii) of the New Comprehensive Area Scheme for the entire State of Karnataka, vide Notification dated 07/03/2019, a copy of which is appended to the joint memo. The same is taken on record and perused.
4. Therefore, learned counsel for appellant and respondent No.3 submit that order of the Karnataka State Transport Appellate Tribunal, Bengaluru, dated 05/09/2009 passed in R.P.No.497/2009 may be confirmed.
5. Learned H.C.G.P. appearing for respondent Nos.1 and 5 submits that he has no objection for disposal of the writ appeal in the aforesaid terms.
6. In the circumstances, in view of the issuance of the Notification dated 07/03/2019, with regard to the New Comprehensive Area Scheme for the entire State of Karnataka and particularly, Clause d(iii) of the said Notification, the writ appeal is disposed of by setting aside the impugned order of the learned Single Judge dated 06/08/2013 passed in W.P.Nos.8586-87/2013 and by confirming the order of the Karnataka State Transport Appellate Tribunal, Bengaluru, dated 05/09/2009, passed in R.P.No.497/2009.
Sd/- JUDGE Sd/- JUDGE *mvs