IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MRS JUSTICE B.V.NAGARATHNA WRIT PETITION NO. 54637 OF 2017 (MV) AND WRIT PETITION NO. 54638 OF 2017 (MV) BETWEEN:
1. SRI Md. ZABIBULLA S/O Md. SALEEM AGED ABOUT 30 YEARS PROP: MERCHANT MOTOR SERVICE KOBBARIPET, HOSADURGA CHITRADURGA DISTRICT 2. SRI. B. THIPPESWAMY S/O LATE H. BASAPPA AGED ABOUT 60 YEARS PROP: SIDDARAMESHWARA MOTORS BALLAVARA, KALLATHIPURA TARIKERE TALUK – 577 228 CHICKMAGALUR DISTRICT AND:
... PETITIONERS (BY SRI. A.S. PARASARA KUMAR, ADV.,) 1. THE REGIONAL TRANSPORT AUTHORITY KADUR MANGALORE ROAD OPP: ZILLA PANCHAYATH OFFICE CHICKMAGALUR – 577 501 2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY KADUR MANGALORE ROAD OPP: ZILLA PANCHAYATH OFFICE CHICKMAGALUR – 577 501 3. SMT. K.G. PARVATHAMMA MAJOR W/O LATE H.B. CHANDRASHEKAR BUS OPERATOR CHOWLA HIRIYUR, KADUR CHICKMAGALUR DISTRICT – 577501 ... RESPONDENTS (BY SRI. V. SHIVA REDY, HCGP FOR R1 AND R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND PROHIBIT R-1 IN CONSIDERING THE APPLICATION FOR RENEWAL FILED BY R-3 ON 06.07.2017 IN RESPECT OF PERMIT NO.1/60- 61 FOR THE ROUTE SHIMOGA TO HOSADURGA AND BACK VIDE ANNEX-G AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners have sought the following reliefs and interim reliefs.
“WHEREFORE, it is prayed that this Hon’ble Court may be pleased to:-
(a) Call for records;
(b) Issue a writ of certiorari in the nature of prohibition prohibiting the 1st respondent in considering the application for renewal filed by the 3rd respondent on 6.7.2017 in respect of Permit No.1/60-61 for the route Shimoga to Hosadurga & back vide Annexure-G;
(c) Allow the writ petition and reject the application filed by the 3rd respondent for renewal filed by the 3rd respondent on 6.7.2017 in respect of Permit No.1/60-61 for the route Shimoga to Hosdurga & back vide Annexure-G.
(d) And for any orders or directions as this Hon’ble Court deems fit to pass, in the interest of justice.
INTERIM PRAYER WHEREFORE, petitioner prays that this Hon’ble Court may be pleased to grant an order of interim stay of further proceedings in respect of the application filed by the 3rd respondent on 6.7.2017 for renewal of permit No.1/60-61 valid upto 10.8.2017 for the route Shimoga to Hosadurga & back vide Annexure-G, pending disposal of the writ petition, in the interest of justice and equity.”
2. The third respondent has filed an application dated 06.07.2017 seeking renewal of permit before the first respondent – Authority. It is for the first respondent – Authority to consider the said application in accordance with law. The petitioners have no locus- standi to seek a direction to the first respondent prohibiting the first respondent from considering the said application for renewal nor can this Court direct the first respondent to reject the application filed by the third respondent for renewal dated 06.07.2017 in respect of permit No.1/60-61 in respect of the route from Shimoga to Hosadurga and return.
In the circumstances, the writ petition is dismissed as not maintainable as the petitioners have no locus-standi to file such writ petitions.
Sd/-
JUDGE GH