Sri S Manohar vs The Regional Transport Authority on 15 December, 2018

[Cites 2, Cited by 1]

Karnataka High Court

Sri S Manohar vs The Regional Transport Authority on 15 December, 2018

Bench: Krishna S.Dixit

                          1

  IN THE HIGH COURT OF KARNATAKA, BENGALURU

   DATED THIS THE 15TH DAY OF DECEMBER, 2018

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

   WRIT PETITION Nos. 37440-37441 OF 2017(MV)

BETWEEN:

SRI S MANOHAR
SON OF SRI RAMLU
AGED ABOUT 61 YEARS
M/S SANDHYA TOURS AND TRAVELS
NO 21/14, TSP ROAD,
KALASIPALYAM, BANGALORE - 560002
                                        ... PETITIONER
(BY SRI. A SRIKANTH, ADVOCATE)


AND:

  1. THE REGIONAL TRANSPORT AUTHORITY
     BANGALORE RURAL
     BDA COMPLEX, KORAMANGALAYA
     BANGALORE - 560 036
     BY ITS SECRETARY.

   2. KARNATAKA STATE ROAD TRANSPORT CORPORATION
      SHANTHINAGAR, K H RAOD
      BANGALORE - 560 027.
      BY MANAGING DIRECTOR
                                     ... RESPONDENTS
(BY SRI. V SHIVAREDDY, HCGP FOR R1;
    SRI. B PHALAKSHAIAH, ADVOCATE FOR R2 )


       THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 04.05.2015 PASSED IN REVISION
PETITION NO.667/2012 IN RESPECT RENEWAL PERMIT
NO.1/1995-96 FOR THE ROUTE FROM KORATAGERE TO
BANGALORE VIDE ANNEXURE-B AND THE ORDER DATED
27.06.2015 PASSED IN REVISION PETITION NO.177/2014 IN
                              2

RESPECT OF RENEWAL OF THE PERMIT NO.38/98-99 THE
ROUTE FROM BANGALORE TO MADHUGIRI VIDE ANNEXURE-
D OF THE KARNATAKA STATE TRANSPORT APPELLATE
TRIBUNAL, BENGALURU.

     THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-



                        ORDER

The learned counsel for the petitioners and the learned Additional Government Advocate, Prof. E.S.Indiresh, together submit that the fact matrix of these writ petitions is similar to the one in W.P. No.23907/2018 (MV) that was disposed off by this Court vide judgment dated 19.07.2018, a copy whereof is placed on record.

2. Learned counsel for the petitioner in addition, submits that the rule itself having been amended vide Notification dated 27.07.2018, the case of the petitioner is strengthened. This assertion is not disputed by the learned counsel for the State Government.

3. In view of the above, these petitions succeed; a Writ of Certiorari issues quashing the impugned orders dated 04.05.2015 at Annexure-B and 27.06.2015 at 3 Annexure-D; a Writ of Mandamus issues to the first respondent - Road Transport Authority shall cause consideration of the petitioner's application for renewal of Stage Carriage Permit, in accordance with law, by including this subject in the agenda of the Meeting scheduled to be held on 20.12.2018.

Sd/-

JUDGE Bsv

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