Canara Bus Operators Association vs The Principal Secretary To The ... on 7 August, 2013

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Karnataka High Court

Canara Bus Operators Association vs The Principal Secretary To The ... on 7 August, 2013

Bench: A.N. Venugopala Gowda

                            1



IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 7TH DAY OF AUGUST, 2013

                       BEFORE

     THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

          WRIT PETITION NO.26037/2013 (MV)

BETWEEN:

CANARA BUS OPERATORS' ASSOCIATION
MANGALORE, BY ITS PRESIDENT
K.RAJAVARMA BALLAL
S/O.PANDIYARAJA BALLAL
BALLAL MOTOR SERVICE
KANKANADY, MANGALORE
D.K.DISTRICT.
                                       ... PETITIONER

(BY SRI M.E.NAGESH, ADV.)

AND:

1.     THE PRINCIPAL SECRETARY TO
       THE TRANSPORT, M.S.BUILDING
       BANGALORE-01.

2.     THE REGIONAL TRANSPORT AUTHORITY
       DAKSHINA KANNADA, MANGALORE
       BY ITS SECRETARY -576 101.

3.     THE REGIONAL TRANSPORT AUTHORITY
       UDUPI, BY ITS SECRETARY-575 001.
                                     ... RESPONDENTS

(BY SRI T.K.VEDAMURTHY, HCGP)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
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CALL FOR RECORDS, DIRECT THE R-1 TO ISSUE A
NOTIFICATION U/S 67(1) (i) OF THE M.V.ACT 1988 FIXING
THE BUS FARE TAKING INTO CONSIDERATION OF THE
FARES FIXED ON 16.6.2013 TO STATE TRANSPORT
UNDERTAKING AS PER ANNEXURE-K AND ETC.,

    THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:

                         ORDER

This writ petition was filed to direct the first respondent to issue a notification under Section 67(1)(i) of Motor Vehicles Act, 1988 fixing the bus fare by taking into consideration fares fixed on 16.06.2013 to the State Transport undertakings, as per Annexure-K and for issue of a further direction to the first respondent to issue notification simultaneously for both State Transport undertaking as well as in respect of the services by the private operators, whenever a notification is to be issued as per Section 67(1)(i) of the Act.

2. On 26.07.2013, Sri. T.K.Vedamurthy, learned HCGP produced a communication dated 16.07.2013 of 3 the Commissioner of Transport, recommending the revision of bus fares and submitted that the first respondent would consider the recommendation and would take a decision.

3. Today, Sri. T.K.Vedamurthy, produced a notification of the Government of Karnataka dated 31.07.2013, issued in exercise of the power conferred by sub-Section (1)(i) of Section 67 of the Act and in supersession of the notification dated 21.11.2012, whereunder, the Government has issued the direction to the Karnataka State Transport Authority and the Regional Transport Authority, to fix with effect from the date of notification i.e., from 31.07.2013, the maximum rates of fares and freights for stage carriages in the State.

4. In view of the notification dated 31.07.2013, noticed supra, placed on record, the first prayer in this writ petition does not survive for consideration. 4

5. Insofar as second prayer is concerned, it is unnecessary to pass any order as of now. As and when there is any revision of fares in respect of the services operated by STU's, the Government may take appropriate decision in the matter of the services operated by the private operators.

Writ petition stands disposed of accordingly.

Sd/-

JUDGE ca

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