IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR WRIT APPEAL NO.1648 OF 2018 (MV) C/W WRIT APPEAL NO.1384/2018, WRIT APPEAL NO.1383/2018, WRIT APPEAL NO.1590/2018, WRIT APPEAL NOS.6293 – 6296/2017, WRIT APPEAL NO.6297/2017 IN WRIT APPEAL NO.1648 OF 2018 BETWEEN:
SRI S.N.GOPI S/O.LATE SRI.NAGARAJ, AGED ABOUT 41 YEARS, BUS OPERATOR, NO.1221, 8TH CROSS, 18TH MAIN, B.T.M. LAYOUT, FIRST STAGE, FIRST CROSS, BENGALURU - 560029. ... APPELLANT (BY SRI.C MOHAMED SUBHANULLA SHARIFF, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, B.D.A. COMPLEX, KORAMANGALA, BENGALURU-560 034.
BY ITS SECRETARY.
2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTHAIAH ROAD, BENGALURU – 560 027 BY ITS MANAGING DIRECTOR. ... RESPONDENTS (BY SRI.S.S.MAHENDRA, AGA FOR R1; SRI.B.PALAKSHAIAH, ADV. FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WRIT PETITION NO.24874/2015 DATED 20/08/2015 AND ALLOW THE WRIT PETITION AS PRAYED FOR AND GRANT SUCH OTHER RELIEF'S.
IN WRIT APPEAL NO.1384/2018 BETWEEN:
SRI.ANANDA KUMAR S/O. SRI. M. RUDRAPPA, AGED ABOUT 35 YEARS NO.2, NAGARTHPET, SIDLAGHATTA, KOLAR DISTRICT, PIN: 562 105. ... APPELLANT (BY SRI.B R SUNDARA RAJA GUPTA, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, BDA COMPLEX, KORAMANGALA, BENGALURU – 560 034.
BY ITS SECRETARY.
2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTHAIAH ROAD, SHANTHINAGAR, BENGALURU - 560027.
BY ITS MANAGING DIRECTOR. ... RESPONDENTS (BY SRI.S.S.MAHENDRA, AGA FOR R1;
SRI.HAREESH BHANDARY.T., ADV. FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WRIT PETITION 22840/2015 DATED 20/8/2015 AND ALLOW THE WRIT PETITION AS PRAYED FOR.
IN WRIT APPEAL NO.1383/2018 BETWEEN:
MR.SYED FAYAZ AHMED S/O. MR. ABDUL RAZAK SAB, AGED ABOUT 56 YEARS, CHENNASANDRA, CHINTAMANI, CHICKABALLAPURA DISTRICT, PIN - 563 125. ... APPELLANT (BY SRI.B R SUNDARA RAJA GUPTA, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, BDA COMPLEX, KORAMANGALA, BENGALURU - 560 034, BY ITS SECRETARY.
2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTHAIAH ROAD, SHANTHINAGAR, BENGALURU - 560 027, BY ITS MANAGING DIRECTOR. ... RESPONDENTS (BY SRI.S.S.MAHENDRA, AGA FOR R1 SRI.B PALAKSHAIAH, ADV. FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WRIT PETITION 24871/2015 DATED 20/8/2015 AND ALLOW THE WRIT PETITION AS PRAYED FOR.
IN WRIT APPEAL NO.1590/2018 BETWEEN:
SRI A. VENKATESH S/O LATE SRI ACHAPPA AGED ABOUT 55 YEARS, NOW "VRUSHABADRI COMPLEX" SIDLAGHATTA, CHICKABALLAPURA DISTRICT, PIN: 562 105. ... APPELLANT (BY SRI.B.R.SUNDARA RAJA GUPTA, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL, B.D.A. COMPLEX, KORAMANGALA, BENGALURU - 560 034. BY ITS SECRETARY.
2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION, KENGAL HANUMANTHAIAH ROAD, SHANTHINAGAR, BENGALURU - 560 027.
BY ITS MANAGING DIRECTOR. ... RESPONDENTS (BY SRI.S.S.MAHENDRA, AGA FOR R1 SRI.B PALAKSHAIAH, ADV. FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WRIT PETITION 22498/2015 DATED 20/8/2015 AND ALLOW THE WRIT PETITION AS PRAYED FOR.
IN WRIT APPEAL NOS.6293 – 6296/2017 BETWEEN:
N.SRINIVASA NAIDU S/O NARAYANA SWAMY NAIDU, AGED ABOUT 61 YEARS, ANNAPOORNESHWARI NILAYA, ANJANI EXTENSION, CHINTAMANI, CHIKKABALLAPURA DISTRICT-573 125 (BY SRI.B R SUNDARA RAJA GUPTA, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BANGALORE RURAL, BDA COMPLEX, KORAMANGALA, BANGALORE - 560 034 BY ITS SECRETARY.
2. KARNATAKA STATE ROAD TRANSPORT CORPORATION, ... APPELLANT KENGAL HANUMANTAIAH ROAD, BANGALORE - 560 027 BY ITS MANAGING DIRECTOR.
3. V. GEETHESH, S/O A.V.C. VEERABHADRAPPA, AGED ABOUT 30 YEARS, PROP: VIJAYA MOTOR SERVICE, VIJAYAPURA, DEVANAHALLI TQ., BANGALORE RURAL DISTRICT.
4. MOHAMMED IRSHAD, S/O MR.MOHAMMED BASHEER, AGED ABOUT 34 YEARS, NO. 842, POST OFFICE ROAD, GORIPET, KOLAR - 563 101. ... RESPONDENTS (BY SRI.B.PHALAKSHAIAH, ADV. FOR R2;
R-3 & R4 ARE DELETED V/O DATED 12.2.2018) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 20/08/2015 PASSED IN THE WRIT PETITION 28108-28111/2015.
IN WRIT APPEAL NO.6297/2017 BETWEEN:
SMT. UJWAL PRASAD W/O T.R.NAGAPRASAD, AGED ABOUT 51 YEARS, RENUKA NILAYA, OPP. RAILWAY STATION, TUMKUR - 572 101 ... APPELLANT (BY SRI.B R SUNDARA RAJA GUPTA, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BANGALORE RURAL BDA COMPLEX, KORAMANGALA, BANGALORE - 560 034 BY ITS SECRETARY 2. KARNATAKA STATE ROAD TRANSPORT CORPORATION, KENGAL HANUMANTAIAH ROAD, BANGALORE - 560 027 BY ITS MANAGING DIRECTOR ... RESPONDENTS (BY SRI.B PHALAKSHAIAH, ADV.FOR R2) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN BATCH OF WRIT PETITION NUMBERS 34485/2015 DATED 31/08/2015 AND ALLOW THE WRIT PETITION AS PRAYED FOR AND GRANT SUCH OTHER RELIEFS.
THESE WRIT APPEALS COMING ON FOR ORDERS, THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:
J U D G M E N T The learned counsel submits that delay has been condoned in the connected matters. For the reason that the delay has been condoned in the connected matters, we are inclined to condone the delay in these appeals also. Accordingly, IA.I of 2018 allowed. delay condoned. IA.III of 2018 to be considered along with the main matter.
2. During the pendency of the writ petitions, a Notification dated 05th August, 2015 came to be passed and hence the learned single Judge disposed of the writ petition as having become infructuous. The very notification, again was the subject matter in the batch of writ petitions No.49713-49720 of 2015 and connected petitions in the case of SRI B. ATHAULLA KHAN AND OTHERS v. STATE OF KARNATAKA AND OTHERS reported in ILR 2017 KAR 4487 in which the very notification has been set aside. In view of the fact that the writ petitions were disposed of in view of the Notification; and subsequently the Notification is set aside, we feel that it is just and proper to remand this matter to the learned single Judge to re-look and pass appropriate order. In view of the same, these appeals are to be remanded to the learned Single Judge to pass appropriate orders. This remittance is only for the reason that the reason for the dismissal of the writ petitions do not survive since the very notification impugned therein has been set aside in the writ petitions in B. ATHAULLA KHAN AND OTHEERS (supra).
3, Appeals are accordingly allowed and remanded to the learned single judge for consideration and to pass appropriate orders afresh. All contentions are kept open.
Sd/- JUDGE Sd/- JUDGE lnn