IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.31383/2018 (MV) BETWEEN:
SMT.USHA RANI W/O RAJAGOPALA GOWDA, AGED ABOUT 48 YEARS NO.43, II CROSS, II BLOCK, VENKATESHWARA LAYOUT, BDA MAIN ROAD, 8TH PHASE, J.P.NAGAR, BANGALORE-560076 ... PETITIONER [BY SRI C.V.KUMAR, ADV.] AND:
1 . STATE OF TAMILNADU BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT (TR. III), SECRETARIAT, CHENNAI-09, TAMILNADU 2 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT, VIDHANA SOUDHA, Dr. AMBEDKAR VEEDHI, BANGALORE-560001 3 . UNION OF INDIA BY SECRETARY TO GOVERNMENT OF INDIA, TRANSPORT DEPARTMENT, NEW DELHI-110001 4 . M/s TAMILNADU STATE TRANSPORT CORPORATION LIMITED SALEM, DHARMAPURI REGION, SALEM MAIN ROAD, BHARATHIPURAM, DHARMAPURI-636705, TAMIL NADU, REP BY ITS MANAGING DIRECTOR …RESPONDENTS [BY SRI SHIVAPRABHU S. HEREMATH, AGA FOR R-2; SRI SURESH GANAPATHI HEGDE, CGC FOR R-3; SRI B.N.JAYADEVA, ADV. FOR R-4; R-1 SERVED.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO STRIKE DOWN TAMIL NADU COMPREHENSIVE AREA SCHEME OF 2011 PUBLISHED BY THE FIRST RESPONDENT BY NOTIFICATION DATED 23.02.2011 IN SO FAR IT RELATES TO THE PETITIONER’S STAGE CARRIAGE PERMIT No.13/93-94 FOR THE ROUTE V. THOPU TO BANGALORE, FOR THE ENCLAVE ROUTE TRAVERSING IN THE STATE OF TAMIL NADU AT ANNEXURE-E.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for the following reliefs:-
“i) Strike down Tamil Nadu Comprehensive Area Scheme of 2011 published by the first respondent by Notification No.G.O.M.S.No.136 HOME (TRANSPORT-III) dated: 23rd February 2011, in so far it relates to the petitioner’s stage carriage permit No.13/93-94 for the route V.Thopu to Bangalore, for the enclave route traversing in the State of Tamil Nadu (Annexure – E).
ii) Strike down Tamil Nadu Comprehensive Area Scheme of 2011 published under Notification bearing No.G.O.M.S.No.136 HOME (TRANSPORT-III) dated: 23rd February 2011 of the first respondent, in so far as it relates to prohibiting buses under stage carriage permit 13/93-94 for the route V. Thopu to Bangalore, having starting point and terminal point in Karnataka from passing through the enclave portion situated in Tamil Nadu State (Annexure – E) or in the alternative.
iii) Declare that Tamil Nadu Comprehensive Area scheme 2011 published under the Notification bearing No.G.O.MS.No.136 HOME (TRANSPORT-III) dated 23rd February 2011 of the first respondent (Annexure – E) is null and void and is not applicable in so far as petitioner’s enclave route permit No.13/93-94 for the route V. Thopu to Bangalore.”
2. In view of the order of the Hon’ble Madras High Court, Madurai Bench in W.P.(MD) No.2893/2011 and connected matter (D.D. 18.04.2018), whereby the Tamil Nadu Comprehensive Area Scheme dated 23.02.2011 having been set aside, the writ petition does not survive for consideration.
Accordingly, the writ petition stands disposed of, as having rendered infructuous.
Sd/- JUDGE PMR