IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.10933/2019 c/w W.P.Nos.43917 – 43918/2018 (MV) IN W.P.No.10933/2019:
BETWEEN :
SRI T.R.SRINIVASA REDDY S/O T.RAMAIAH, AGE 55 YEARS, #296, DHARANI COMPLEX, T.R.NAGAR, BENGALURU. ...PETITIONER (BY SRI C.M.S.SHARIFF, ADV.) AND :
1. THE REGIONAL TRANSPORT AUTHORITY BANGALORE RURAL, BDA COMPLEX, KORAMANGALA, BENGALURU - 560 034 BY ITS SECRETARY.
2. KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTAIAH ROAD SHANTHINAGAR BANGALORE - 560 027 BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1; SRI HARISH 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 ORDERS OF THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL PASSED IN REVISION PETITION NO.190/2014 DATED 29.06.2015 MARKED AS ANNEXURE-C.
IN W.P.Nos.43917 – 43918/2018:
BETWEEN :
D.R.SRINIVASA GOWDA S/O RAMEGOWDA, AGE 39 YEARS, NO.303, 5TH CROSS, MUNIYAPPA LAYOUT, K.R.PURAM, BENGALURU-560016. ...PETITIONER (BY SRI M.E.NAGESH, ADV.) AND :
1. THE REGIONAL TRANSPORT AUTHORITY BANGALORE RURAL, BDA COMPLEX, KORAMANGALA, BENGALURU - 560 034 BY ITS SECRETARY.
2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION KENGAL HANUMANTAIAH ROAD SHANTHINAGAR BANGALORE - 560 027 BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1; SRI HAREESH BHANDARY T., ADV. FOR R-2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND QUASH THE ORDER PASSED BY STATE TRANSPORT APPELLATE TRIBUNAL IN RP 789/2011 DTD 06.04.2015 AND R.P.NO.92/2015 DATED 05.06.2015 VIDE ANNEXURES-G & H RESPECTIVELY.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioners submits that these petitions are squarely covered by the order passed by this Court in W.P.No.25152/2018 (D.D.No.4.02.2019) and requires to be disposed of in similar terms.
2. The petitioners being the stage carriage permit holders have challenged the order dated 29.6.2015 at Annexure-C in W.P.No.10933/2019 and orders dated 6.4.2015 and 5.6.2015 at Annexures G and H respectively in W.P.Nos.43917-918/2018.
3. Both the learned counsel including learned HCGP are in agreement that the territorial jurisdiction depends upon the outcome of the joint survey to be undertaken of the routes in question and therefore, these matters can be disposed of with a direction to do the said exercise in a time bound manner, and thereafter to decide the jurisdiction. This is a fair stand from the side of all the litigating parties.
4. In view of the above, these writ petitions succeed in part. The impugned orders dated 29.6.2015, 6.4.2015 and 5.6.2015 at Annexures C, G and H respectively are quashed with a direction to the 1st respondent to undertake joint survey of the routes in question with the participation of all the stake holders within a period of twelve weeks including the jurisdictional issue keeping in mind the comprehensive area scheme provided by the Government of Karnataka vide Notification dated 7.3.2019 and thereafter depending upon outcome of the survey, the Jurisdictional issue shall be decided by the original Authority.
Matter is restored to the file of the original Authority for consideration afresh, accordingly.
No costs.
Sd/- JUDGE Dvr: