IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.34413/2018 (MV) BETWEEN:
SRI M.KRISHNAPPA @ MUNIRAJU AGED 55 YEARS, NO.88, RAMAGONDANAHALLI WHITEFIELD POST BENGALURU-560 066 ... PETITIONER [BY SRI B.R.SUNDARAJA GUPTA, ADV.] AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TRANSPORT DEPARTMENT, FIRST FLOOR MULTI STOREYED BUILDINGS Dr. AMBEDKAR VEEDHI BENGALURU-560 001 2. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, BDA COMPLEX KORAMANGALA, BENGALURU-560034 BY ITS SECRETARY 3. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTHAIAH ROAD SHANTHINAGAR, BENGALURU-560027 BY ITS MANAGING DIRECTOR …RESPONDENTS [BY SRI B.J.ESHWARAPPA, AGA FOR R-1 & R-2; SRI HARISH KUMAR, ADV. FOR R-3.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS OF THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL PASSED IN REVISION PETITION NO.95/2010 DATED 23.11.2015 VIDE ANNEXURE-C.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R With the consent of the learned counsel appearing for the parties, the matter is taken up for final disposal at this stage itself.
2. The petitioner has restricted the relief claimed in prayer (a) of the writ petition inasmuch as the challenge made to the order of the Karnataka State Transport Appellate Tribunal passed in Revision Petition No.95/2010 dated 23.11.2015 marked at Annexure – C to the writ petition.
3. The learned counsel for the petitioner submits that the other prayers relating to the challenge made to the Notification dated 28.09.2017 issued by the Government of Karnataka does not survive for consideration in view of the Notification dated 07.03.2019 issued by the Government of Karnataka.
4. The Notification dated 07.03.2019, whereby 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, contemplates that 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.
5. In view of the said Notification, the challenge made by the petitioner to the Notification dated 28.09.2017 does not survive for consideration. However, respondent No.2 - Regional Transport Authority, Bengaluru is required to consider the petitioner’s application for renewal of stage carriage permit in accordance with law.
6. For the aforegoing reasons, this writ petition stands disposed of setting aside the impugned order at Annexure – C dated 23.11.2015. The proceedings are restored to the file of respondent No.2 – Regional Transport Authority, Bengaluru, to consider the petitioner’s application for renewal of stage carriage permit in accordance with law.
7. Respondent No.2 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.
Sd/- JUDGE PMR