IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.27206 – 27209/2015 (MV) BETWEEN :
1. SRI M.D.MUKTHIAR S/O ABDUL GAFFOR, AGED 44 YEARS, R/AT TALUK OFFICE ROAD, DEVANAHALLI, BENGALURU DISTRICT-562 110.
2. SRI G.K.MANJUNATH S/O G.M.KRISHNAPPA, AGE 47 YEARS, R/AT B.B.ROAD, BEHIND SLN BRICKS FACTORY, CHIKKASANAHALLI, DEVANAHALLI TALUK, BENGALURU DISTRICT-562 110 3. SRI K.SRINIVAS S/O CHAMARADA KRISHNAPPA, AGED 45 YEARS, R/AT MARALUBAGILU, DEVANAHALLI TOWN, BENGALURU DISTRICT-562 110.
4. SMT.M.GIRIJA W/O CHANDRASHEKAR, AGED 49 YEARS, R/AT NO.551, SHIVAJYOTHI NILAYA, FORT ROAD, DEVANAHALLI, BENGALURU DISTRICT-562 110. ...PETITIONERS (BY SRI LOKESH R., ADV.) AND :
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, BDA COMPLEX, KORAMANGALA, BENGALURU-560 034 BY ITS SECRETARY.
2. KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, K.H.ROAD, SHANTHINAGAR, BENGALURU-560 027 BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1; SRI HAREESH BHANDARY T., ADV. FOR R-2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE COMMON ORDER DATED 04.05.2015 PASSED BY THE HON'BLE TRIBUNAL IN R.P.NO.654/2012 AND CONNECTED CASES MARKED ANNEXURE-J AND ORDER DATED 04.05.2015 PASSED IN R.P.NO.679/2012 MARKED ANNEXURE-K.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are challenging the common order dated 04.05.2015 in R.P.No.679/2012 and R.P.No.654/2012 and allied matters.
2. The Tribunal has passed the common order setting aside the renewal granted in favour of the petitioners’ permits against which the petitioners are before this court contending that the Tribunal has failed to exercise the co-extensive power to verify the mistakes illegally committed by the authorities or ought to have remanded the matter to the original Authority to re- consider the legal irregularities, if any, if not properly considered.
3. It is the contention of the petitioners that the challenge made by the KSRTC against the grant of permit in favour of Smt. M. Shashikala for the route Begur to Gowribidanur wherein KSRTC has raised objections regarding violations of law and schemes was rejected by the Tribunal holding that the route does not violate any scheme and dismissed the revision petition; the same analogy would have been applied to the present case also. It is further submitted that in view of the latest Notification dated 07.03.2019 issued by the Government of Karnataka, the permits having been renewed up to 18.12.2014 and the renewal applications pending consideration are saved and accordingly the matter requires further consideration by the original Authority.
4. It is submitted by the learned counsel for the petitioners that the renewal applications relating to the period 2017 to 2022 are pending consideration before the respondent No.1 and the same requires to be considered in accordance with law in the light of the Notification dated 07.03.2019.
5. Learned counsel for the KSRTC does not dispute the latest development inasmuch as the Notification dated 07.03.2019 issued by the Government of Karnataka.
6. In view of the aforesaid Notification dated 07.03.2019 referred to by the learned counsel appearing for the parties, the matter requires to be remitted back to the original Authority to reconsider the same along with the pending renewal applications filed by the petitioners for the period 2017 to 2022.
7. Accordingly, the orders impugned are set aside and the proceedings are restored to the file of respondent No.1-RTO, Bangalore, to re-consider the matter including the renewal applications filed by the petitioners in accordance with law in the light of the Notification dated 07.03.2019 referred to above. All the rights and contentions of the parties are left open.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE Dvr: