IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.50733/2019 (MV) BETWEEN :
SRI SYED IBRAHIM S/O. SYED KAREEM, AGED ABOUT 47 YEARS, BUS OPERATOR, NO.672, JAYANAGARA 4TH BLOCK, BENGALURU-560 011. ...PETITIONER (BY SRI C.M.S.SHARIEF, 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 K. H. ROAD, BENGALURU-560 027, BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI SHIVAPRABHU S. HEREMATH, AGA FOR R-1; SRI HAREESH BHANDARY T., ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER DATED 05.06.2015 PASSED BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL SO FAR RELATING TO REVISION PETITION No.101/2015 PRODUCED AT ANNEXURE-C.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the common order dated 05/06/2015 passed by the Karnataka State Transport Appellate Tribunal so far as the revision petition No.101/2015 is concerned.
2. The petitioner claims to be the holder of the stage carriage permit No.84/1999-00 for the route Kodhalli to Bengaluru and back via the places mentioned in the permit and the same had been renewed till 08/02/2020 and an application filed by the petitioner for renewal of the permit for the period 2010-
15 is pending consideration before the first respondent.
3. The learned counsel for the petitioner would submit that the petitioner had challenged the order of the Tribunal passed in R.P.No.421/2012 in W.P. No.21936/2018 relating to the period 2015-20 which came to be disposed of on 13/03/2019 setting aside the order of the Tribunal and remanding the matter to the first respondent – Regional Transport Authority, Bengaluru Rural, to conduct joint survey of the routes in question and thereafter to pass appropriate orders in accordance with law after hearing all the parties concerned, in an expedite manner.
4. In view of the aforesaid order passed by this Court, the present writ petition deserves to be disposed of in similar terms, more particularly considering the Notification dated 28/09/2017 and 07/03/2019 issued by the Government of Karnataka, whereby the permit of the petitioner is saved.
5. Having regard to the facts and circumstances of the case as aforesaid, in view of the Government Notifications dated 28/09/2017 and 07/03/2019, the matter requires to be re-considered by the respondent No.1- Regional Transport Authority. Hence, the order impugned at Annexure-C is set aside and the matter is remitted to the respondent No.1 to re-consider the matter and take a decision 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 the certified copy of this order. All the rights and contentions of the parties are left open.
6. The writ petition stands disposed of in terms of the above.
Sd/- JUDGE Msu