IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.17978/2016 (MV) BETWEEN :
SRI N.MUDDAPPA S/O LATE M.NARASIMHAIAH, AGED 76 YEARS, R/O NO.1649, NAGAPPA BLOCK, SRIRAMPURA, BANGALORE-560 021. ...PETITIONER (BY SRI S.V.KRISHNASWAMY, ADV.) AND :
1. THE SECRETARY ADDITIONAL TRANSPORT COMMISSIONER, KARNATAKA STATE TRANSPORT AUTHORITY, TTMC BUILDING, A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027.
2. THE KARNATAKA STATE TRANSPORT AUTHORITY, TTMC BUILDING, A BLOCK, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027 BY ITS SECRETARY.
3. KARNATAKA STATE ROAD TRANSPORT CORPORATION, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027 BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA FOR R-1 & R-2; SRI M.S.HARISH KUMAR, ADV. R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE KSTAT BANGALORE, DATED 05.03.2016 MADE IN R.P.NO.459/2015 (ANNEXURE-F).
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the order passed by the Karnataka State Transport Appellate Tribunal (‘KSTAT’ for short) in R.P.No.459/2015 dated 5.3.2016 at Annexure-F to the writ petition.
2. The learned counsel appearing for the parties submit ad-idem that the subject matter of this writ petition is similar to the one considered in W.P.No.23907/2018 (MV), disposed of by this Court vide order dated 19.7.2018, whereby this Court directed the Regional Transport Authority to consider the renewal application of the petitioner in the light of the Notification dated 28.09.2017.
3. The learned counsel for the petitioner submits that the Rule itself having been amended vide Notification dated 27.07.2018, the case of the petitioner is strengthened. This assertion is not disputed by the learned counsel for the other side.
4. It is further submitted that by the Notification dated 07.03.2019, 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 whereby 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 24.3.2018 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. The said Notification also supports the case of the petitioner.
5. For the foregoing reasons, this writ petition stands disposed of setting aside the impugned order at Annexure-F dated 5.3.2016. The proceedings are restored to the file of the respondent No.2 – Karnataka State Transport Authority, Bengaluru, to consider the petitioner’s application for renewal of stage carriage permit in accordance with law.
6. 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 12 weeks from the date of receipt of certified copy of the order. All the rights and contentions of the parties are left open.
The petitioner shall continue to operate the service till the decision is taken by the respondent No.2 – Karnataka State Transport Authority.
Sd/- JUDGE Dvr: