IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO.2164 OF 2013 (MV) BETWEEN:
TAMILNADU STATE TRANSPORT CORPORATION (ERODE) LIMITED (ERODE REGION), CHENNIMALAI ROAD ERODE – 638 001 REPRESENTED BY ITS GENERAL MANAGER .. APPELLANT (BY SRI. B.N.JAYADEVA, ADVOCATE) AND:
1. THE KARNATAKA STATE TRANSPORT AUTHORITY M.S.BUILDINGS DR.AMBEDKAR VEEDHI BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY 2. SRI. R.MURUGESHAN S/O LATE A.RAMASWAMY PROPRIETOR, A.R.P. BUS SERVICE GANESHA COLONY ATIGULIPURA POST CHAMARAJANAGAR DISTRICT – 571 127 .. RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR R-1 SRI.A.S.PARASARA KUMAR, ADVOCATE FOR R-2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 05.02.2013 PASSED BY THIS COURT IN WRIT PETITION NO.11310 OF 2011.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING-‘B’ GROUP, THIS DAY, RAVI MALIMATH. J., PASSED THE FOLLOWING:
JUDGMENT This Writ Appeal is filed being aggrieved by the common order dated 05.02.2013 passed by the learned Single Judge in Writ Petition No.11310 of 2011.
2. One such appeal was filed in Writ Appeal No.2162 of 2013 against the common impugned order herein. By the order dated 7.01.2015, the appeal was allowed. The order of the learned Single Judge was set-aside and the matter was remanded to the learned Single Judge for a fresh consideration.
3. Both the learned counsels submit that this Writ Appeal be allowed on similar terms.
In view of the submissions made, the Writ Appeal is allowed. The impugned order dated 05.02.2013 passed in Writ Petition No.11310 of 2011 is set-aside and the matter is remanded to the learned Single Judge for a fresh consideration in terms of the Order dated 7.01.2015 passed in Writ Appeal No.2162 of 2013.
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JUDGE JUDGE ln.