IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA W.P.Nos.40554 – 40558 & 40559 – 40561/2017 (MV) BETWEEN:
1 . SRI SOMASHEKARA REDDY S/O SRI RAJAKRISHNA REDDY AGED ABOUT 48 YEARS LAVA KUSHA NAGAR HOSUR ROAD, BENGALURU 2 . SRI K.R.RAMESH S/O SRI RAJAKRISHNA REDDY AGED ABOUT 43 YEARS LAVA KUSHA NAGAR HOSUR ROAD, BENGALURU 3 . SRI Y.C.SHANKARA NARAYANA REDDY S/O SRI CHENNA REDDY AGED ABOUT 51 YEARS YEDAVANAHALLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT 4 . SRI N.S.PRABHU S/O LATE SRIKANTAIAH AGED ABOUT 45 YEARS NERALURU POST, ANEKAL BENGALURU RURAL DISTRICT ... PETITIONERS [BY SRI B.R.S.GUPTA, ADV.] AND:
1 . THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL B D A COMPLEX, KORAMANGALA BENGALURU-560034 BY ITS SECRETARY 2 . THE KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTHAIAH ROAD SHANTHINAGAR BENGALURU-560027 BY ITS MANAGING DIRECTOR …RESPONDENTS [BY SRI SHIVAPRABHU S. HEREMATH, AGA FOR R-1; SRI B.PHALAKSHAIAH, ADV. FOR R-2.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS OF THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL PASSED IN R.P.Nos.1207, 1209, 1213, 1218, 1220 AND 1229 OF 2012 DATED 05.06.2015 VIDE ANNEXURE-H.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have challenged the orders of the Karnataka State Transport Appellate Tribunal (‘Tribunal’ for short) passed in Revision Petition Nos.1207, 1209, 1213, 1201, 1203, 1218, 1220 and 1229 of 2012 dated 05.06.2015 whereby the Revision Petitions filed by respondent No.2 - KSRTC are allowed setting aside the order of renewal of permits of the petitioners.
2. The petitioners are claiming to be the permit holders of the respective permits operating on different routes. The renewal of the permits of the petitioners was challenged by respondent No.2 before the Tribunal and on consideration of the matter, the said orders of renewal of permits have been set aside. Being aggrieved, the petitioners are before this Court.
3. Learned counsel for the petitioners would submit that pursuant to the Notification issued by the Government of Karnataka dated 28.09.2017 and 07.03.2019, the permits of the petitioners are saved and accordingly, the matter requires reconsideration by respondent No.1.
4. Learned counsel for the respondents have no objections to remand the matter to respondent No.1 for reconsideration in the light of the subsequent Notifications issued by the Government of Karnataka as aforesaid.
5. Accordingly, the orders impugned at Annexure - H dated 05.06.2015 are set aside. The matters are remanded to respondent No.1 to examine the matters inasmuch as granting renewal of permits in the light of the Notification dated 28.09.2017 and 07.03.2019 issued by the Government of Karnataka. A decision shall be taken by respondent No.1 after hearing all the parties concerned in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of the order. All the rights and contentions of the parties are left open.
6. However, it is made clear that no services of the petitioners shall be operated till the decision is taken by respondent No.1.
With the aforesaid observations and directions, the writ petitions stand disposed of.
Sd/- JUDGE PMR