IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.10414/2019 (MV) Between:
Sri.Kumaraswamy Mudaliyar, S/o Kuppuswamy Mudaliyar, Aged about 60 years, Prop: Vinayaka Motor Service, Thyamagondlu, Nelamangala Taluk, Bangalore Rural District. …Petitioner (By Sri.A.S.Parasara Kumar, Adv.,) And:
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.Phalakshaiah, Adv., for R2) This Writ Petition is 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 R.P.No.71/2015 dated 05.06.2015 vide Annexure – K and etc., This petition coming on for orders this day, the Court made the following:
ORDER Heard the learned counsel for the respective parties.
2. The petitioner has challenged the order passed by the Karnataka State Transport Appellate Tribunal in so far as it relates to R.P.No.71/2015 dated 05.06.2015, inter alia seeking a direction to consider the renewal application filed on 13.02.2019, received by the respondent No.1.
3. The learned counsel appearing for the parties ad idem submit that in view of the notification dated 28.09.2017 the matter requires consideration by the respondent No.1. Hence, this matter requires to be disposed of by setting aside the order impugned at Annexure `K’.
4. Accordingly, the order dated 05.06.2015 passed by the Karnataka State Transport Appellate Tribunal in R.P.No.71/2015 is set aside, and the matter is remanded to the respondent No.1 to reconsider the renewal application filed by the petitioner, in terms of the Government notification dated 28.09.2017 after conducting a joint survey of the routes in question.
5. All the rights and contentions of the parties are kept open. The 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 a copy of the order.
6. Since the permit is valid upto 13.05.2019 and the petitioner is operating on the routes assigned, the petitioner is permitted to operate the services accordingly.
Sd/- JUDGE mgn/-