IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.28108 – 28111/2015 & W.P.No.28112/2015 (MV) BETWEEN :
1. SRI. SREENIVASA NAIDU S/O. SRI.NARAYANASWAMY NAIDU AGED ABOUT 59 YEARS “ANNAPOORNESHWARI NILAYA” ANJANI EXTENSION CHINTAMANI CHICKABALLAPURA DISTRICT-563 125 2. MR.MOHAMMED IRSHAD S/O. MR.T.MOHAMMED BASHEER AGED ABOUT 34 YEARS NO.842, POST OFFICE ROAD GORIPET, KOLAR - 563101 ...PETITIONERS (BY SRI.B.R.SUNDARA RAJA 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 SHANTHINAGARA BENGALURU -560 027 BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R1;
SRI HAREESH BHANDARY T., ADV. FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS OF THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL PASSED IN REVISION PETITIONS NO.81, 83, 84, 85, 99 AND 107 OF 2015 DATED 5.6.2015 VIDE ANN-N AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING ‘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 passed in R.P.Nos.81, 83, 84, 85, 99 and 107/2015 dated 05.06.2015 at Annexure-N to the writ petitions.
2. The learned counsel appearing for the parties submit ad-idem that the subject matter of these writ petitions is similar to the one considered in W.P.No.23907/2018 (MV), disposed of by this Court vide order dated 19.07.2018, whereby this Court directed the Regional Transport Authority to consider the renewal application of the petitioners in the light of the notification dated 28.09.2017. A copy thereon is placed on record.
3. The learned counsel for the petitioner submits that the Rule itself having been amended vide Notification dated 27.07.2018, the case of the petitioners is strengthened. This assertion is not disputed by the learned counsel for the other side.
4. It is further submitted that by the Notification dated 07.03.2019, a new Comprehensive Area Scheme for the entire State of Karnataka has been issued by the Government of Karnataka in terms of sub-section (3) of Section 100 of the Motor Vehicles Act, 1988 whereby the existing permits with the trips and vehicles to whom permits are granted and issued by transport authorities, in operation as on 18.12.2014, and also pending renewal to operate their services on inter-State, intra-State, inter-district and intra-district routes notwithstanding anything contained in any of the approved schemes as well as the existing permits in operation with trips and vehicles of the private stage carriage operators, who are operating on non monopoly routes/area as on 24.03.2018 and the existing permits in operation according to notification dated 28.09.2017 issued by the Government of Karnataka subject to decision of the Hon’ble High Court of Karnataka are saved. The said Notification also supports the case of the petitioner.
5. For the aforegoing reasons, these writ petitions stand disposed of setting aside the impugned order at Annexure–N dated 05.06.2015. The proceedings are restored to the file of respondent No.1 – Regional Transport Authority, Bengaluru Rural, to consider the petitioners’ application for renewal of stage carriage permit in accordance with law.
6. Respondent No.1 shall conduct joint survey of the routes in question and thereafter pass appropriate orders in accordance with law after hearing all the parties concerned, in an expedite manner, in any event, not later than twelve weeks from the date of receipt of certified copy of the order. All the rights and contentions of the parties are left open.
7. It is needless to observe that the petitioners shall not operate on the routes concerned until the decision is taken by respondent No.1 - authority.
Sd/- JUDGE HJ