IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.65591/2016 (MV) Between:
Sri. N.S. Shivaprakash, S/o. Sri. K.N. Shivashankar, Aged about 40 years, Proprietor : S.S.B.S., N.R.Extension, Chintamani, Chickaballapura District, PIN – 563 123. …Petitioner (By Sri. B.R.S. Gupta, Adv.) And:
1. The Secretary, Karnataka State Transport Authority, First Floor, T.T.M.C. Building, Shanthinagar, Kengal Hanumanthaiah Road, Bengaluru – 560 027.
2. The Karnataka State Road Transport Corporation, Kengal Hanumanthaiah Road, Bengaluru – 560 027.
By its Managing Director. ...Respondents (By Sri. Dildar Shiralli, HCGP for R.1, Sri. B.Palakshaiah for R.2.) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the orders of Karnataka State Transport Appellate Tribunal passed in R.P.227/2016 dated 5.12.2016 at Annexure `E’, etc.
This petition coming on for Preliminary Hearing in `B’ Group this day, the Court made the following:
ORDER The petitioner has challenged the order passed by the Tribunal in R.P.No.227/2016 dated 05.12.2016 in setting aside the order passed by respondent No.1 dated 28.01.2016 in Sub.No.STA-6/Renl-537/2015.
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 19.07.2018, 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. A copy thereon is placed on record.
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 24.03.2018 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. The said Notification also supports the case of the petitioner.
5. For the aforegoing reasons, this writ petition stands disposed of setting aside the impugned order at Annexure–E dated 05.12.2016. The proceedings are restored to the file of respondent No.1 – the Secretary, Karnataka State Transport Authority, to consider the petitioner’s application for renewal of stage carriage permit in accordance with law.
6. Respondent No.1 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.
7. It is needless to observe that the petitioner shall not operate on the routes concerned until the decision is taken by respondent No.1 - authority.
Sd/- JUDGE mgn/-