IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.31739 – 31740/2018 (MV) BETWEEN:
SRI SUBBI REDDY S/O VENKATA RAMAPPA, AGED ABOUT 38 YEARS, R/AT BALAREDDY PALLI, YENGADLA POST, CHINTAMANI TALUK, CHICKBALLAPURA-563 125. ... PETITIONER [BY SRI R.LOKESH, ADV.] AND:
1. THE KARNATAKA STATE TRANSPORT AUTHORITY I FLOOR, "A" BLOCK, TTMC BUILDINGS, K.H.ROAD, SHANTHINAGAR, BENGALURU-560 027, BY ITS SECRETARY.
2. SRI IMRAN PASHA S/O LATE MUJEEB PASHA, AGED MAJOR, R/AT CHINNASANDRA VILLAGE, CHINTAMANI TALUK, CHICKBALLAPURA DISTRICT-563 125. …RESPONDENTS [BY SRI DILDAR SHIRALLI, HCGP FOR R-1; SRI A.S.PARASARA KUMAR, ADV. FOR R-2.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE PROCEEDINGS OF R-1 AUTHORITY DATED 20.01.2018 DECISION PRONOUNCED ON 08.02.2018 AT SL.NO.127 SUBJECT NUMBER 210/2017 VIDE ANNEXURE-A SO FOR AS CONDUCTING JOINT ROUTE SURVEY AND DIRECT THE R-1 AUTHORITY TO CONSIDER THE IDENTICAL JOINT ROUTE SURVEY REPORT CONSIDERED IN THE APPLICATION OF R-2 AT SL.NO.100 SUBJECT NUMBER 187/2017 AT ANNEXURE-B DATED 20.01.2018 DECISION PRONOUNCED ON 08.02.2018 TO GRANT THE PERMIT TO THE R-2 IN THE SAME MEETING.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the parties.
2. The petitioner has challenged the proceedings of respondent No.1 – authority dated 20.01.2018, decision pronounced on 08.02.2018 at Sl.No.127 Subject No.210/17, whereby the application filed by the petitioner for grant of fresh stage carriage permit for the route Chakavelu to Chelur Circle (Chinthamani) 4 round trips per day has been deferred to get the route survey report afresh.
3. It is the contention of the petitioner that he had filed an application on 15.09.2011 for grant of fresh stage carriage permit for the route Chakavelu to Chelur Circle (Chinthamani) via: Kottur, Puligal Cross, Chelur, KA-AP State Border, Channarayanapalli, AP-KA State Border, Chilakalanerpu, Yenigadale, Nadamapalli, Kencharlapalli, Siddepalli Cross and Chokkareddypalli and back to perform 4 round trips per day as per the directions issued by this Court in W.P.Nos.10046- 10048/2016 dated 21.03.2017. The said application has been deferred awaiting the route survey report afresh. It is the grievance of the petitioner that the application filed by respondent No.2 dated 23.06.2014 relating to the very same route has been considered and permit has been granted in the proceedings of the Karnataka State Transport Authority (KSTA) meeting held on 20.01.2018. It is submitted that the action of respondent No.1 in deferring the matter relating to the Subject No.210/17 insofar as the stage carriage permit application relating to the petitioner is nothing but discriminatory, hit by the Article 14 of the Constitution of India.
4. The learned counsel for respondent No.2 made an endeavour to justify the permit granted to him contending that the routes may be identical but it is for two round trips per day, whereas the petitioner’s route was for four round trips per day. It is on joint route survey report furnished by the RTO, Chikkaballapura, the decision has been rightly taken by respondent No.1 and the same cannot be found fault with.
5. On the enquiry made by the Court with the learned Additional Government Advocate inasmuch as deferring the matter of the petitioner’s application and granting the stage carriage permit to respondent No.2 though the application being dated 23.06.2014 (subsequently filed), the learned Additional Government Advocate is not in a position to answer the discrimination ex-facie apparent. On the other hand, the learned Additional Government Advocate would submit that respondent No.1 - authority shall consider the application of the petitioner in accordance with law after obtaining necessary joint route survey report within a time frame.
6. In view of the aforesaid submissions, this Court deems it appropriate to direct respondent No.1 to consider the application dated 15.09.2011 filed by the petitioner relating to the routes in question in an expedite manner after getting necessary joint route survey report and hearing the parties concerned, in any event, not later than eight weeks from the date of receipt of certified copy of the order.
7. It is needless to mention that at this stage, the stage carriage permit granted to respondent No.2 is not disturbed and the same shall be subject to the Notification dated 07.03.2019 issued by the Government of Karnataka.
With the aforesaid observations and directions, these writ petitions stand disposed of.
Sd/- JUDGE PMR