Karnataka High Court
M/S Devee Motors vs Karnataka State Transport Authority on 16 January, 2013
Author: H.G.Ramesh
Bench: H.G.Ramesh
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W.P.Nos.49328 - 49330/2012
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR. JUSTICE H.G.RAMESH
W.P.Nos.49328 - 49330/2012 (MV)
BETWEEN:
M/S DEVEE MOTORS
M.G.ROAD, KASARAGOD
KERALA STATE
PARTNERSHIP FIRM
REP BY ITS MANAGING DIRECTOR PARTNER
SRI NAGESHWARA RAO K ... PETITIONER
(BY SRI C V KUMAR, ADVOCATE)
AND:
1. KARNATAKA STATE TRANSPORT AUTHORITY
5TH FLOOR, M.S. BUILDING
DR.AMBEDKAR VEEDHI
BANGALORE, BY ITS SECRETARY
2. KARNATAKA STATE ROAD TRANSPORT AUTHORITY
K.H. ROAD, BANGALORE - 560 027
BY ITS MANAGING DIRECTOR
3. KERALA STATE ROAD TRANSPORT CORPORATION
ROAD TRANSPORT BHAVN
THIRUVANANTHAPURAM
KERALA STATE, BY ITS MANAGING DIRECTOR
4. KERALA STATE ROAD TRANSPORT CORPORATION
EMPLOYEES ASSOCIATION (CITU)
AZHEEKODAM MEMORIAL BUILDING
MANJALIKULAM ROAD
THIRUVANANTHAPURAM
KERALA STATE, BY ITS SECRETARY ... RESPONDENTS
(BY SRI SHIVAYOGI SWAMY K.M., AGA FOR R-1;
SRI HARISH KUMAR M S., ADVOCATE FOR C/R-2)
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W.P.Nos.49328 - 49330/2012
THESE WPs ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
COMMON ORDERS OF THE KARNATAKA STATE TRANSPORT
APPELLATE TRIBUNAL, BANGALORE DATED 31.10.2012 MADE
IN APPEAL NO.855/2011, 856/2011 AND 857/2011 VIDE
ANNEXURE-D AND TO QUASH THE FOLLOWING ORDERS OF
THE FIRST RESPONDENT DATED 25.7.2011 MADE IN
SUBJECT NO.80/2009 VIDE ANNEXURE-A AND ETC.
THESE WPs COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
H.G.RAMESH, J. (Oral):
Heard. In these writ petitions, the petitioner is challenging the order dated 31.10.2012 (Annexure-D), passed by the Karnataka State Transport Appellate Tribunal, Bangalore. By the impugned order, the Tribunal has confirmed the order of the Karnataka State Transport Authority rejecting renewal of countersignatures to the petitioner's three permits.
2. It is relevant to refer to the following reasoning of the Karnataka State Transport Appellate Tribunal:
"13. In the present case, there is a similar situation that there is no inter-state agreement for the inter-state route in question. It is true the permits were granted by the Authorities of the Kerala State and the counter signature was made -3- W.P.Nos.49328 - 49330/2012 by the Authorities of the Karnataka State and renewals are obtained from time to time and they were operating. The route in question does not find a place in the inter-state agreement between the two states. The decision referred above in WP..No.18637/2005 and 18225/2005 is clear on the point that the agreement entered between the two states is mandatory in respect of the inter-state route. The provisions of Sec.88 of the Act is applicable for such counter signature and in the absence of any agreement between the two states no such counter signature could have been granted. Therefore, having regard to the mandatory requirement of the inter-state agreement for the route, the Authorities cannot grant or renew the permit."
3. As none of the interstate routes relating to the petitioner's three permits figure in any of the interstate agreements entered into between Karnataka and Kerala, the impugned order passed by the Tribunal cannot be said to be erroneous. It is in conformity with the law laid down by a three Judge Bench of the Supreme Court in A.Venkatakrishnan v. State Transport Authority [(2004) 11 SCC 207]. The -4- W.P.Nos.49328 - 49330/2012 writ petitions are devoid of merit and they are accordingly dismissed.
Petitions dismissed.
Sd/-
JUDGE Yn/ata.