IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION NOS.33757 & 35257/2018 (MV) BETWEEN:
SRI.P. SEETHARAM, S/O LATE T. PURUDAIAH, AGED ABOUT 75 YEARS, PROP: PRAKASHA MOTORS, THIMMANAHALLI (POST), CHIKKANAYAKANAHALLI (TALUK), TUMAKURU (DIST). ... PETITIONER (BY C.M.S. SHARIFF, ADVOCATE) AND:
THE KARNATAKA STATE TRANSPORT AUTHORITY, T.T.M.C COMPLEX, ‘A’ BLOCK, K.H. ROAD, SHANTHINAGAR, BANGALORE – 560 027.
BY ITS SECRETARY. ... RESPONDENT (BY SRI.DILDAR SHIRALLI, HCGP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE APPLICATIONS FOR VARIATION TO THE PERMIT NO.39/98-99 AND 29/00-01 DATED 30.07.2015 AS ANNEXURE-C AND D VIDE SUBJECT NO.51/15 AND SUBJECT NO.52/15 WHICH ARE PENDING CONSIDERATION BEFORE THE RESPONDENT ON THE BASIS OF THE AVAILABLE JOINT ROUTE SURVEY VIDE ANNEXURE-E, AND TO CONSIDER THE SAME FORTHWITH IN THE NEXT ENSUING MEETING AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for a writ of mandamus directing the respondent to consider the application for variation to the Permit Nos.39/98-99 and 29/2000-01 dated 30.07.2015 which are pending consideration before the respondent on the basis of the available joint route survey.
2. The petitioner is claiming to be the holder of two Stage Carriage Permits bearing (a) No.39/98-99 valid upto 20.06.2023 for the route Gowribidanuru to Tipaturu and back and additional trip from Tipaturu to Huliyar and back, and (b) No.29/2000-01 valid upto 13.09.2020 for the route Gowribidanuru to Tipaturu and back and additional trip from Tipaturu to Huliyar and back, which have been originally issued by the Regional Transport Authority, Tumakuru.
3. It is the contention of the petitioner that the two applications were filed seeking for grant of variation of the above Stage Carriage Permits before the respondent who has the jurisdiction to grant inter-state enclave permits.
4. It is the grievance of the petitioner that the said applications though filed in the year 2015, have remained unconsidered till date. Hence, these writ petitions.
5. The learned High Court Government Pleader appearing for the respondent fairly submits that the applications filed by the petitioner for variation of permits, shall be considered in accordance with law, within a time frame.
6. In view of the aforesaid, this Court is of the considered opinion that the interest of justice would be sub-served by directing the respondent-authority to consider the application for variation of the permits as sought by the petitioner, in accordance with law and take a decision in an expedite manner, in any event, not later than 12 weeks from the date of receipt of certified copy of the order. Ordered accordingly.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE cbc