IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.28209/2018 (MV) BETWEEN:
SRI S K SYED MUNAVAR S/O SYED KARIM, AGED ABOUT 48 YEARS R/AT NO.7, MASJID ROAD, B.G.ROAD CROSS, BISMILLA NAGAR, BENGALURU-560029 ... PETITIONER [BY SRI R.LOKESH, ADV.] AND:
1 . THE UNION OF INDIA BY ITS SECRETARY TO GOVERNMENT OF INDIA, TRANSPORT DEPARTMENT, NEW DELHI-110 001 2 . STATE OF TAMIL NADU BY ITS SECRETARY TO GOVERNEMNT, HOME DEPARTMENT(TR-III) SECRETARIAT, CHENNAI-600 009 3 . STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNEMNT, TRANSPORT DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001 4 . THE ADDITIONAL COMMISSIONER FOR TRANSPORT AND SECRETARY, KARNATAKA STATE TRANSPORT AUTHORITY, 1ST FLOOR, A BLOCK, TTMC COMPLEX, BMTC BUILDINGS, K.H.ROAD, SHANTHINAGAR, BENGALURU-560027 5 . M/S TAMILNADU STATE TRANSPORT CORPORATION LIMITED (SALEM) DHARMAPURI REGION, SALEM MAIN ROAD, BHARATHIPURAM, DHARMAPURI-636705, TAMIL NADU, REP BY ITS MANAGING DIRECTOR …RESPONDENTS [BY SRI H.R.NAGARAJA, ADV. FOR R-1; SRI B.N.JAYADEVA, ADV. FOR R-2 & R-5;
SRI SHIVAPRABHU S. HEREMATH, AGA FOR R-3 & R-4.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO STRIKE DOWN TAMIL NADU COMPREHENSIVE AREA SCHEME OF 2011 PUBLISHED BY THE R-2 BY NOTIFICATION DATED 23.02.2011 VIDE ANNEXURE-D IN SO FAR IT RELATES TO THE PETITIONER STAGE CARRIAGE PERMIT NUMBER 5/91-92 ON THE ROUTE: KADASHIVANAHALLI TO BENGALURU AND BACK GRANTED BY THE KSTA, BENGALURU AND RENEWED BY THE R-4 VALID UPTO 14.07.2021 VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for respondent Nos.3 and 4.
Learned counsel Sri. B.N. Jayadeva accepts notice for respondent Nos.2 and 5.
The petitioner has sought for the following reliefs:-
“i) Strike down Tamil Nadu Comprehensive Area Scheme of 2011 published by the second respondent by Notification No.G.O.M.S.No.136 HOME (TRANSPORT-III) dated: 23 – February 2011 marked Annexure – D, in so far as it relates to the petitioner stage carriage permit number 5/91-92 on the route: Kadashivanahalli to Bengaluru and back granted by the KSTA, Bengaluru and renewed by the respondent – 4 valid up to 14-7-2021 marked Annexure– A.
ii) Declare that Tamil Nadu Comprehensive Area scheme of 2011 published by the second respondent by Notification No.G.O.MS.No.136 HOME (TRANSPORT-III) dated 23-February 2011, marked Annexure – D is null and void and is not applicable in so far as petitioner enclave permits 5/91-92 granted by the competent authority, KSTA, and renewed by the respondent – 4 in the above writ petition.”
2. In view of the order of the Hon’ble Madras High Court, Madurai Bench in W.P.(MD) No.2893/2011 and connected matter (D.D. 18.04.2018), whereby the Tamil Nadu Comprehensive Area Scheme dated 23.02.2011 having been set aside, the writ petition does not survive for consideration.
Accordingly, the writ petition stands disposed of, as having rendered infructuous.
Sd/- JUDGE PMR