IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.45887/2019 (MV) BETWEEN:
SRI KONAPPA REDDY S/O SRI S.K.NARAYANAPPA AGED ABOUT 48 YEARS BUS OWNER SOMAKALIHALLI VILLAGE BATLAHALLI POST CHINTHAMANI TALUK CHIKKABALLAPUR DISTRICT. …PETITIONER (BY SRI A.S.PARASARA KUMAR, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BANGALORE RURAL, BDA COMPLEX KORAMANGALA, BANGALORE-560034 REP. BY ITS CHAIRMAN.
2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, BANGALORE RURAL BDA COMPLEX, KORAMANGALA BANGALORE-560034. …RESPONDENTS (BY SRI SHIVAPRABHU S. HIREMATH, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT No.1 DATED 14.06.2019 A DECISION PRONOUNCED ON 29.06.2019 IN DEFERRING THE APPLICATION FOR RENEWAL OF PERMIT No.16/00-01 VIDE ANNEXURE-N; 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 assailed the order passed by the respondent No.1 in Sl.No.76/Sub.No.147/18-19 dated 14.06.2019 and the decision pronounced on 29.06.2019 in deferring the application for renewal of permit No.16/00-01.
2. The petitioner has filed an application for grant of stage carriage permit for the route Chelur to Bangalore and back – two round trips per day with one vehicle. In pursuance to the directions given by the Regional Transport Authority [RTA], the Secretary assigned the timings and permit was issued, which was valid up to 03.08.2005. Aggrieved by the grant of permit and assignment of timings, one of the rival operator filed revision petitions before the Tribunal. The Tribunal disposing of the same, directed the second respondent to conduct joint route survey. In compliance with the same, the joint route survey was conducted and the representation was submitted by the Inspector of Motor Vehicles. The first respondent re-considered the application in terms of the directions issued by the Tribunal and restored the permit granted earlier, as the Kolar Pocket Scheme Notification enables the petitioner to operate in the route in question.
3. Again Revision Petition No.69/2009 was filed by the rival operators challenging the grant of permit and the same came to be disposed of on 15.07.2019. The said order was challenged before this Court by the petitioner in W.P.No.30658/2018 which came to be disposed of on 19.03.2019 setting aside the order of the Tribunal and restoring the proceedings to the file of the Tribunal, Bengaluru in Revision Petition No.69/2009. Since the parties were represented by their respective counsel before this Court, parties were directed to appear before the Tribunal on 15.04.2019 without expecting any notice. The Tribunal was requested to pass appropriate orders in accordance with law after hearing the parties in an expedite manner.
4. During the pendency of Revision Petition No.69/2009, an application filed by the petitioner seeking for renewal of permit was listed before the Authority and as per the terms of the proceedings dated 14.06.2019, the request of the petitioner has been deferred awaiting the decision of the Tribunal in Revision Petition No.69/2009. The said order is impugned herein.
5. As could be seen from the facts as narrated above, the matter is now seized of by the Tribunal by virtue of the order passed by this Court in W.P.No.30658/2018. In the circumstances, the decision taken by the RTA to defer the matter inasmuch as the renewal of permit of the petitioner as sought by the petitioner could not be held to be untenable. Indeed, the decision of the Tribunal is necessary to decide the application filed by the petitioner for renewal of permit.
6. In the circumstances, this Court is of the considered opinion that the writ petition deserves to be disposed of directing the Tribunal to dispose of the pending Revision Petition No.69/2009 in an expedite manner preferably within a period of three months from the date of receipt of certified copy of the order and is ordered accordingly.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE NC.