IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION No.33029 OF 2018 (MV) BETWEEN:
Sri. M.Prakasha Rao, S/o. Late Sri N.Muni Rao, Aged about 61 years, No.120, First Floor, Cubbonpet Main Road, Bengaluru-560 022.
... Petitioner (By Sri B.R.S.Gupta, Advocate) AND 1. The Regional Transport Authority, Bengaluru Rural, B.D.A.Complex, Koramangala, Bengaluru-560 034, By its Secretary.
2. The Karnataka State Road Transport Corporation, Kengal Hanumanthaiah Road, Bengaluru-560 027, By its Managing Director. ... Respondents (By Sri. V.Shivareddy, HCGP for R1;
Sri. B.Phalakshaiah, Advocate for R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order of the Karnataka State Transport Appellate Tribunal passed in Revision Petition No.648 of 2012 dated 08th May, 2015 marked under Annexure-B and etc.
This Writ Petition coming on for Preliminary Hearing this day, the court made the following:-
ORDER The subject matter of this writ petition is substantially similar to the one in cognate W.P.Nos.37440- 37441 of 2017(MV) disposed off by this Court vide judgment dated 15.12.2018, paragraph 3 whereof reads as under:
“3.In view of the above, these petitions succeed; a Writ of Certiorari issues quashing the impugned orders dated 04.05.2015 at Annexure- B and 27.06.2015 at Annexure-D; a Writ of Mandamus issues to the first respondent – Road Transport Authority shall cause consideration of the petitioner’s application for renewal of Stage Carriage Permit, in accordance with law, by including this subject in the agenda of the Meeting scheduled to be held on 20.12.2018.”
2. Learned counsel for the petitioner on the basis of the said judgment submits that the petitioner being similarly circumstanced, needs to be granted similar relief on the principle of parity in view of the Division Bench Judgment of this Court made on 11.12.1974 in W.A.Nos.932-933/1974.
3. Although the respondent No.2-KSRTC being represented by its learned Panel Counsel Sri. B.Phalakshaiah has filed his Statement of Objections, the same does not make much difference to the matchability of petitioner’s case to the one in the aforesaid cognate writ petitions. However, the contentions of the learned Panel Counsel for the KSRTC that all questions to be kept open for being urged, has force.
4. In view of the above, this Writ Petition succeeds in part; a Writ of Certiorari issues quashing the impugned order dated 08/05/2015 made by the Karnataka State Transport Appellate Tribunal in RP No.648/2012 at Annexure-B; a Writ of Mandamus issues to respondent No.1-the Regional Transport Authority to cause consideration of petitioner’s application for renewal of the Stage Carriage Permit in accordance with law after hearing other stake holders and also after accomplishing the joint survey of the routes in question for deciding the territorial jurisdiction.
Period for compliance is three months. No costs.
KPS/DS/-
Sd/- JUDGE