IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.13246/2018 (M.V) BETWEEN :
SRI ZABIULLA S/O SHEIK AHAMED, AGE 55 YEARS, NEW VIJAYALAKSHMI TRANSPORT, MAIN ROAD, HIRIYUR, CHITRADURGA ...PETITIONER (BY SRI C.M.S.SHARIFF, ADV.) AND :
1. THE SECRETARY KARNATAKA STATE TRANSPORT AUTHORITY, TTMC COMPLEX, A-BLOCK, K.H. ROAD, SHANTINAGAR, BANGALORE-560027 2. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H. ROAD, SHANTINAGAR, BANGALORE-560027.
BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP FOR R-1; SRI HARISH KUMAR M.S., ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL IN REVISION PETITION NO.551/2014 DATED 02.06.2015 AS PER ANNEXURE-C.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the respective parties.
2. The learned counsel for the parties submit ad idem that in view of the Notification dated 7.3.2019 issued by the Government of Karnataka, the matter requires re- consideration by the Karnataka State Transport Appellate Tribunal (‘Tribunal’ for short).
3. The said submission is placed on record.
4. This Court is of the considered opinion that the matter requires re-consideration by the Tribunal in view of the permit of the petitioner being valid up to 1.12.2019 and the Comprehensive Area Scheme issued by the Government of Karnataka by Notification dated 7.3.2019. Hence, the order impugned dated 2.6.2015 at Annexure-C to the writ petition is set aside and the proceedings are restored to the file of the Tribunal.
5. The Tribunal shall re-consider the matter in accordance with law, in an expedite manner, in any event, not later than 12 weeks from the date of receipt of certified copy of the order.
6. All rights and contentions of the parties are left open.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE Dvr: