IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.43961/2019 (MV) BETWEEN:
SRI RAFI S/O SRI ABDUL RAWOOF AGED ABOUT 45 YEARS No.8/1, 7TH CROSS CHINNAYANAPALYA BANGALORE. …PETITIONER (BY SRI A.S.PARASARA KUMAR, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BANGALORE RURAL BDA COMPLEX, KORAMANGALA BANGALORE-560034 REP. BY ITS CHAIRMAN 2. THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H. ROAD, SHANTHINAGAR BANGALORE-560027.
3. SRI PRASHANTH S/O VENKATARAMAIAH BANALLI NEAR HOKAMMA TEMPLE CHANDAPURA [POST], ANEKAL TALUK BANGALORE-64. …RESPONDENTS (BY SRI SHIVA PRABHU S. HIREMATH, AGA. FOR R-1; SRI HAREESH BHANDARY.T., ADV. FOR R-2;
SRI R.LOKESH, ADV. FOR R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE TRIBUNAL IN R.P.NO.532/2012 DATED 18.04.2015 VIDE ANNEXURE-F; AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order of the Karnataka State Transport Appellate Tribunal, Bengaluru (‘Tribunal’ for short) passed in R.P.No.532/2012 dated 18.04.2015 at Annexure-F to the writ petition whereby the Tribunal has allowed the revision petition filed by the petitioner/respondent No.2 herein setting aside the order of the original Authority in renewing the permit of the petitioner herein.
2. The petitioner is claiming to be the holder of a stage carriage permit bearing No.27/06-07 authorized to operate on route between Attibele Cross to B.Channasandra and back. The petitioner had filed an application under Section 81 of the Motor Vehicles Act, 1988 R/w Rule 76 of the Karnataka Motor Vehicles Rules, 1989 for renewal of the permit. The respondent No.1 renewed the permit for a period of five years from the date of its expiry, against which the respondent No.2 preferred revision petition No.532/2012 and the same came to be allowed. Hence, this writ petition.
3. Learned counsel appearing for the parties ad idem submit that the permit of the petitioner is a saved permit under the Notification dated 28.09.2017 as well as 07.03.2019 and hence the matter requires re- consideration by the original Authority-respondent No.1 herein.
4. In view of the aforesaid, the order impugned at Annexure-F dated 18.04.2015 passed in R.P.No.532/2012 is set aside and the proceedings are remitted to the file of the respondent No.1 to re-consider the application of the petitioner for renewal of permit in accordance with law keeping in mind the Notifications dated 28.09.2017 and 07.03.2019 issued by the Government of Karnataka after conducting the joint route survey, if necessary, 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.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.