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 Nos.11238-11241/2019 (MV) BETWEEN:
1. SRI. KUMARASWAMY MUDALIYAR S/O KUPPUSWAMY MUDALIYAR AGED ABOUT 60 YEARS PROP: VINAYAKA MOTOR SERVICE THYAMAGONDLU, NELAMANGALA TALUK BANGALORE RURAL DISTRICT.
2. SRI. K. UDAYKUMAR S/O SRI. KUMARASWAMY MUDALIAR AGED ABOUT 35 YEARS PROP: VINAYAKA MOTOR SERVICE THYAMAGONDLU, NELAMANGALA TALUK BANGALORE RURAL DISTRICT.
AND:
... PETITIONERS [BY SRI A.S. PARASARA KUMAR, ADV.] 1. THE REGIONAL TRANSPORT AUTHORITY (BANGALORE RURAL) BDA COMPLEX, KORAMANGALA BANGALORE – 560 034. REPRESENTED 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 R1; SRI. B.PALAKSHIAH, ADV. FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE TRIBUNAL IN SO FAR IT RELATES TO IN R.P.NO.650 & 653/2012 DATED 04.05.2015 VIDE ANNEXURES – G & H.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned High Court Government Pleader accepts notice for respondent No.1.
Learned counsel Sri. B. Palakshaiah accepts notice for respondent No.2.
The petitioners have challenged the orders passed by the Tribunal in R.P.Nos.650/2012 and 653/2012 dated 04.05.2015 at Annexures – G and H.
2. The learned counsel appearing for the parties submit ad-idem that the subject matter of these writ petitions 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 petitioners submit 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 petitioners.
5. For the aforegoing reasons, these writ petitions stand disposed of setting aside the impugned orders passed in R.P.Nos.650/2012 and 653/2012 at Annexures – G and H dated 04.05.2015. The proceedings are restored to the file of respondent No.1 – Regional Transport Authority, Bengaluru Rural, Bengaluru, to consider the petitioners’ applications for renewal of stage carriage permit in accordance with law.
6. Respondent No.1 shall conduct joint survey of the routes in question and thereafter pass appropriate orders in accordance with law after hearing all the parties concerned, in an expedite manner, in any event, not later than twelve weeks from the date of receipt of certified copy of the order. All the rights and contentions of the parties are left open.
7. It is needless to observe that the petitioners shall not operate on the routes concerned until the decision is taken by respondent No.1 - authority.
Sd/- JUDGE Chs*