IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50999/2019 (MV) BETWEEN:
M/s. VENKATESHWARA TRAVELS S/O TIRUMALAPPA BY T.VENKATESAN AGE 58 YEARS No.6, 17TH CROSS, 7TH MAIN BTM LAYOUT, BENGALURU-560076. …PETITIONER (BY SRI M.E.NAGESH, ADV.) AND:
1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU [RURAL], BDA COMPLEX KORAMANGALA, BENGALURU-560034 BY ITS SECRETARY.
2. THE KARNATAKA STATE TOAD TRANSPORT CORPORATION, K.H. ROAD BENGALURU-560027 BY ITS MANAGING DIRECTOR.
3. THE REGIONAL TRANSPORT AUTHORITY BENGALURU [URBAN], JAYANAGAR BENGALURU-560011 BY ITS SECRETARY. …RESPONDENTS (BY SRI SHIVA PRABHU S. HIREMATH, AGA. FOR R-1; SRI NAVEENARADHYA.S., ADV. FOR SRI HAREESH BHANDARY.T., 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 REGIONAL TRANSPORT AUTHORITY, BENGALURU RURAL DATED 09.01.2019 IN SL.No.145, SUBJECT No.182/18-19 AS PER ANNEXURE-H; AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the order passed by the Regional Transport Authority [RTA], Bengaluru Rural dated 09.01.2019 in Sl.No.145, Subject No.182/18-19 at Annexure-H.
2. The petitioner had filed an application for grant of stage carriage permit as per the provisions of the Motor Vehicles Act, 1988 for the route from Menasinahalli to Bengaluru three round trips via the places mentioned therein. In the first round of litigation in W.P.No.49230/2017, the Cognate Bench of this Court while considering the order passed by the Karnataka State Transport Appellate Tribunal [‘Tribunal’ for short] in R.P.No.534/2012 dated 03.10.2017 wherein the renewal of the stage carriage permit No.11/06-07 of the petitioner was set aside, dismissed the writ petition with an observation that as and when an application is filed by the petitioner seeking fresh permit, the same shall be considered and disposed of within a time frame. The Hon’ble Court has categorically observed that the finding of the Tribunal in rejecting the prayer of the petitioner to accept the renewal by the RTA, Bengaluru Rural and the finding of the Tribunal in permitting the petitioner to approach the Authority having power and jurisdiction to issue permit with new application appears to be just and proper.
3. It is the contention of the petitioner that subsequent to the orders passed by this Court as aforesaid, application for renewal of permit was submitted before the competent authority, Bengaluru Urban. However, considering the pending application submitted in the year 2016, the respondent No.1 – Authority has rejected the renewal application and cancelled the original permit. Being aggrieved, the petitioner is before this Court.
4. In the circumstances, this Court is of the considered view that the interest of justice would be sub-served in setting aside the proceedings dated 09.01.2019 at Annexure-H, directing the respondent No.3 to consider the application dated 13.11.2019 said to have been filed by the petitioner for renewal of permit pursuant to the order of this Court in W.P.No.49230/2017. The respondent No.3 shall consider the application submitted by the petitioner as aforesaid, in respect of Permit No.11/06-07 in accordance with law and take a decision in an expedite manner.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE NC.