IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.13759 – 13760/2018 (MV) BETWEEN:
U.MAHABALA SHETTY S/O SANKAPPA SHETTY, AGED ABOUT 60 YEARS, PRAKASH NAGAR, KOTEKAR, SOMESHWARA VILLAGE, MANGALURU, D.K. DISTRICT-575 022. ... PETITIONER [BY SRI A.SRIKANTH, ADV.] AND:
1. THE STATE TRANSPORT AUTHORITY BMTC BUILDING, K.H. ROAD, BENGALURU-560 027, REP. BY ITS SECRETARY.
2. N.S.ABDUL GAFOOR S/O N.SAHUNHI HAJI, AGED ABOUT 48 YEARS, NEKKRE HOUSE, MANGALURU, D.K. DISTRICT-575 002.
3. ABDUL AJEEZ S/O HAJI PM MOHAMMED, AGED ABOUT 42 YEARS, PARTHIPADY HOUSE, MANJANADY VILLAGE, MANGALURU, D.K. DISTRICT-575 022. …RESPONDENTS [BY SRI DILDAR SHIRALLI, HCGP FOR R-1;
R-2 DISPENSED WITH VIDE COURT ORDER DATED 04.04.2019.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND QUASH THE ORDER PASSED BY THE STATE TRANSPORT APPELLATE TRIBUNAL PASSED IN APPEAL NOS.940/2014 AND 941/2014 DATED 07.03.2018 VIDE ANNEXURE-D.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel appearing for the parties.
2. The matter stands disposed of at this stage itself with the consent of the learned counsel for the parties.
3. The petitioner has challenged the order passed by the State Transport Appellate Tribunal passed in Appeal Nos.940/2014 and 941/2014 dated 07.03.2018, whereby the Tribunal has remitted the matter to respondent No.1 for adjudication in accordance with law with a direction to the parties to appear before respondent No.1 on 17.03.2018 without waiting for any notice from respondent No.1 and thereafter respondent No.1 shall dispose of the matter within sixty days.
4. However, an interim order has been granted by this Court on 09.04.2018 with regard to the operation of services to maintain status-quo existing as on the date of passing of the order and to continue till the decision is taken by respondent No.1 or further orders passed in the present writ petitions proceedings.
5. Learned High Court Government Pleader for respondent No.1 submits that no decision is taken by respondent No.1 in view of the interim order granted by this Court.
6. Though the said explanation is not acceptable, considering the nature of the interim order granted by this Court and in view of the latest Notification issued by the Government of Karnataka dated 07.03.2019, this Court is of the considered opinion that the interest of justice would be sub-served in directing respondent No.1 to adjudicate upon the proceedings remitted by the Tribunal in accordance with law. Hence, the following ORDER The writ petitions stand disposed of with a direction to respondent No.1 – authority to adjudicate upon the proceedings restored to the file of respondent No.1 by the Tribunal keeping in mind the Comprehensive Area Scheme contemplated under the Notification dated 07.03.2019 issued by the Government of Karnataka.
The petitioner is directed to appear before respondent No.1 on 15.04.2019 at 11.00 a.m. without waiting for any further notice. Respondent No.1 shall thereafter take a decision in accordance with law in an expedite manner, in any event, not later than twelve weeks from the date of receipt of the certified copy of the order. All the rights and contentions of the parties are left open.
It is submitted by the learned counsel for the petitioner that the permit has expired on 14.12.2018 and in pursuant to the interim order granted by this Court, the petitioner is operating the services in the routes in question.
If that being the position, respondent No.1 shall consider the application filed by the petitioner for renewal of the permit as well. However, the petitioner is permitted to operate the services in the route in question till the decision to be taken by respondent No.1.
Sd/- JUDGE PMR