IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 19TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.4828 OF 2016 (MV) BETWEEN:
SRI. V. H. KUMAR SON OF LATE R.K.CHANNABASAPPA AGED 51 YEARS RESIDING AT DOOR NO.3245 GEETHANJANEYA M.C.C. “B” BLOCK 11TH MAIN DAVANAGERE-577 001. ... APPELLANT (BY SRI. LOKESH R, ADVOCATE) AND:
1. THE SECRETARY REGIONAL TRANSPORT AUTHORITY DAVANAGERE REGION KONDAJJI ROAD DAVANAGERE-577 003.
2. SRI G R NAGARAJ SON OF RUDRAPPA AGED ABOUT 45 YEARS BUS OPERATOR MADIVALARA BEEDI CHANNAGIRI-577 213.
... RESPONDENTS (BY SRI.LAXMINARAYAN, AGA FOR RESPONDENT No.1 SRI.MOHAMMED SABHANULLA SHARIFF, ADVOCATE FOR RESPONDENT No.2-ABSENT) THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION No.53564/2016 DATED 07/10/2016.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the impugned order dated 07.10.2016 passed by the learned Single Judge in W.P.No.53564 of 2016, the applicant in I.A.No.2 of 2017 is before this Court.
2. The learned Single Judge by placing reliance on similarly passed orders, wherein the endorsement was quashed rejecting the assignment of timings, writ petition was allowed and the impugned endorsement dated 22.06.2016 was quashed. The respondent – Regional Transport Authority was directed to issue permits to the writ petitioner within two weeks from the date of receipt of a copy of that order.
3. The plea of the appellant is that he is a rival operator on the very same route, therefore, it is only just and necessary to hear the appellant before permits are issued to the writ petitioner, which necessarily has affected his legal right, since the appellant was not made a party before the learned Single Judge.
4. Under these circumstances, we are of the view, that the impugned order suffers on facts. Consequently the appeal is allowed. The impugned order dated 07.10.2016 passed by the learned Single Judge in W.P.No.53564 of 2016 is set aside. The appellant/applicant is permitted to be impleaded himself as respondent. The matter shall be reconsidered by the learned Single Judge after the appellant impleads himself before the learned Single Judge.
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JUDGE JUDGE NG* CT:bms