Karnataka High Court
Sri. S N Gopi vs The Regional Transport Authority on 19 February, 2019
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19th DAY OF FEBRUARY, 2019
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.33047/2018 (MV)
ALONG WITH
WRIT PETITION NOS.34500/2018, 35770/2018,
35771/2018, 9253/2018, 32577/2018, 38419/2018,
38420/2018, 32802/2018, 26492-26493/2018, 36733-
36735/2018, 36867-36869/2018 (MV)
In W.P.No.33047/2018
BETWEEN
Sri. S. N. Gopi
S/o Late Sri. Nagaraj
Aged about 38 years
Bus Operator
# 1221, 8th Cross
18th Main, B.T.M. Layout
1st Stage, 1st Cross
Bengaluru - 560 029.
... Petitioner
(By Sri. C.M.S. Sharief, Advocate)
AND
1. The Regional Transport Authority
Bangalore Rural, BDA Complex
Koramangala
Bengaluru - 560 034
By its Secretary
2. Karnataka State Road
Transport Corporation
2
Kengal Hanumantaiah Road
Shanthinagar
Bangalore - 560 027.
... Respondents
(By Sri. V. Shiva Reddy, HCGP for R1;
Sri. B. Phalakshaiah, Adv. for R2)
This writ petition is filed under Articles 226 and 227 of
Constitution of India, praying to quash the order passed by the
Karnataka State Transport Appellate Tribunal in Revision Petition
No.180/2014 dated 29.06.2015 vide Annex-C and etc.
In W.P.No.34500/2018
BETWEEN
Sri. Anil Kumar
S/o Late Nagaraju
Aged about 46 years
Bus Operator
# 16, 1st Cross
Albert Victor Road
Kalasipalyam
Bengaluru - 560 002.
... Petitioner
(By Sri. C.M.S. Sharief, Advocate)
AND
1. The Regional Transport Authority
Bangalore Rural, BDA Complex
Koramangala
Bengaluru - 560 034
By its Secretary
2. Karnataka State Road
Transport Corporation
K. H. Road, Shanthinagar
Bangalore - 560 027.
By its Managing Director
3
... Respondents
(By Sri. V. Shiva Reddy, HCGP for R1;
Sri. B. Phalakshaiah, Adv. for R2)
This writ petition is filed under Articles 226 and 227 of
Constitution of India, praying to quash the orders of the Karnataka
State Transport Appellate Tribunal passed in Revision Petition
No.665/2012 dated 08.05.2015 vide Annex-C and etc.
In W.P.No.35770/2018
BETWEEN
Sri. N. S. Ramakrishna
S/o Late H. Srikanthaiah
Age: 63 years
No.178, Teachers Colony
Chandapura Circle
Anekal Road
Bengaluru - 560 081.
... Petitioner
(By Sri. C.M.S. Sharief, Advocate)
AND
1. The Regional Transport Authority
Bangalore Rural, BDA Complex
Koramangala
Bengaluru - 560 034
By its Secretary
2. Karnataka State Road
Transport Corporation
Kengal Hanumantaiah Road
Shanthinagar
Bangalore - 560 027.
... Respondents
(By Sri. V. Shiva Reddy, HCGP for R1;
Sri. Hareesh Bhandary .T., Adv. for R2)
4
This writ petition is filed under Articles 226 and 227 of
Constitution of India, praying to quash the orders of the Karnataka
State Transport Appellate Tribunal passed in Revision Petition
No.541/2012 dated 18.04.2015 marked as Annexure-C and etc.
In W.P.No.35771/2018
BETWEEN
Sri. N. S. Ramakrishna
S/o Late H. Srikanthaiah
Age: 63 years
No.178, Teachers Colony
Chandapura Circle
Anekal Road
Bengaluru - 560 081.
... Petitioner
(By Sri. C.M.S. Sharief, Advocate)
AND
1. The Regional Transport Authority
Bangalore Rural, BDA Complex
Koramangala
Bengaluru - 560 034
By its Secretary
2. Karnataka State Road
Transport Corporation
Kengal Hanumantaiah Road
Shanthinagar
Bangalore - 560 027.
... Respondents
(By Sri. V. Shiva Reddy, HCGP for R1;
Sri. Hareesh Bhandary .T., Adv. for R2)
This writ petition is filed under Articles 226 and 227 of
Constitution of India, praying to quash the order of the Karnataka
State Transport Appellate Tribunal passed in Revision Petition
No.1227/2012 dated 08.06.2015 marked as Annexure-B and etc.
5
In W.P.No.9253/2018
BETWEEN
Sri. R. Umashankar
S/o Sri. Ramaiah
Major by age
Doddabeedhi
Devangapet, Anekal
Bengaluru Rural District - 562 106.
... Petitioner
(By Sri. B.R.S. Gupta, Advocate)
AND
1. The Regional Transport Authority
Bangalore Rural, BDA Complex
Koramangala
Bengaluru - 560 002
By its Secretary
2. Karnataka State Road
Transport Corporation
Kengal Hanumantaiah Road
Bengaluru - 560 027.
By its Managing Director
... Respondents
(By Sri. V. Shiva Reddy, HCGP for R1;
Sri. Hareesh Bhandary .T., Adv. for R2)
This writ petition is filed under Articles 226 and 227 of
Constitution of India, praying to quash the order of the Karnataka
State Transport Appellate Tribunal passed in Revision Petition
No.1223/2012 dated 08.06.2015 marked under Annexure-B and
etc.
In W.P.No.32577/2018
BETWEEN
Smt. Usha Rani
6
D/o Govindappa
W/o Rajagopala Gowda S
Aged about 49 years
No.43, II Cross, II Block
Venkateswara Layout
BDA Main Road
8th Phase, J.P.Nagar
Bangalore - 560 076.
... Petitioner
(By Sri. C.V. Kumar, Advocate)
AND
1. The Regional Transport Authority
Bangalore (Rural), Bangalore
BDA Complex, Koramangala
Bangalore - 560 034
By its Secretary
2. The Karnataka State Road
Transport Corporation
K. H. Road, Shanthinagar
Bangalore - 560 027
Karnataka
Rep. by its Managing Director
... Respondents
(By Sri. V. Shiva Reddy, HCGP for R1;
Sri. Hareesh Bhandary .T., Adv. for R2)
This writ petition is filed under Articles 226 and 227 of
Constitution of India, praying to quash the order of the Karnataka
State Transport Appellate Tribunalm Bangalore dated 08.05.2015
made in R.P.No.731/2012 (Annexure-C) and etc.
In W.P.No.38419/2018
BETWEEN
Sri. Shreekanthaiah @ Shreekanthan
S/o Lakshmana Rao
7
Age: 55 years
No.24, 2nd Cross
Malleshwaram
Bengaluru.
... Petitioner
(By Sri. C.M.S. Sharief, Advocate)
AND
1. The Regional Transport Authority
Bangalore Rural, BDA Complex
Koramangala
Bengaluru - 560 034
By its Secretary
2. Karnataka State Road
Transport Corporation
Kengal Hanumantaiah Road
Shanthinagar
Bangalore - 560 027.
... Respondents
(By Sri. V. Shiva Reddy, HCGP for R1;
Sri. B. Phalakshaiah, Adv. for R2)
This writ petition is filed under Articles 226 and 227 of
Constitution of India, praying to quash the orders of the Karnataka
State Transport Appellate Tribunal passed in Revision Petition
No.340/2013 dated 06.04.2015 vide Annexure-B and etc.
In W.P.No.38420/2018
BETWEEN
Sri. N. S. Ramakrishna
S/o Late H. Srikanthaiah
Age: 63 years
No.178, Teachers Colony
Chandapura Circle
Anekal Road
Bengaluru - 560 081.
8
... Petitioner
(By Sri. C.M.S. Sharief, Advocate)
AND
1. The Regional Transport Authority
Bangalore Rural, BDA Complex
Koramangala
Bengaluru - 560 034
By its Secretary
2. Karnataka State Road
Transport Corporation
Kengal Hanumantaiah Road
Shanthinagar
Bangalore - 560 027.
By its Managing Director
... Respondents
(By Sri. V. Shiva Reddy, HCGP for R1;
Sri. B. Phalakshaiah, Adv. for R2)
This writ petition is filed under Articles 226 and 227 of
Constitution of India, praying to quash the orders of the Karnataka
State Transport Appellate Tribunal passed in Revision Petition
No.63/2015 dated 05.06.2015 vide Annexure-B and etc.
In W.P.No.32802/2018
BETWEEN
Smt. Gajalakshmi,
W/o Late C.R.Naidu,
Aged about 50 years,
No.1078/3, Behind K.E.D,
Sarjapura Road,
Attibele, Anekal (Taluk),
Bengaluru (Dist).
... Petitioner
(By Sri. C.M.S. Sharief, Advocate)
9
AND
1. The Regional Transport Authority
Bangalore Rural, BDA Complex
Koramangala
Bengaluru - 560 034
By its Secretary
2. Karnataka State Road
Transport Corporation
K.H. Road, Shanthinagar
Bangalore - 560 027.
By its Managing Director.
... Respondents
(By Sri. V. Shiva Reddy, HCGP for R1;
Sri. B. Phalakshaiah, Adv. for R2)
This writ petition is filed under Articles 226 and 227 of
Constitution of India, praying to quash the order passed by the
Karnataka State Transport Appellate Tribunal in Revision Petition
No.334/2013 dated 06.04.2015 vide Annex-D and etc.
In W.P.Nos.26492-493/2018
BETWEEN
1. H.A.Manjunath Prasanna,
Age 41 years,
S/o Appannachari
No.C-104, Golden Street Apartment,
Hoodi, Bengaluru - 560 036.
2. Agha Khan,
Aged 58 years.
S/o late Kareem Khan,
No.98/101, R.V.Complex,
Kalasipalyam Main Road,
Bengaluru - 560 002.
... Petitioners
10
(By Sri. M. E. Nagesh, Advocate)
AND
1. The Regional Transport Authority
Bangalore (Rural), BDA Complex
Koramangala
Bengaluru - 560 034
2. The Karnataka State Road
Transport Corporation
K.H. Road
Bengaluru - 560 027.
By its Managing Director.
... Respondents
(By Sri. V. Shiva Reddy, HCGP for R1;
Sri. Hareesh Bhandary .T., Adv. for R2)
These writ petitions are filed under Articles 226 and 227 of
Constitution of India, praying to quash the order passed by the
Karnataka State Transport Appellate Tribunal in Revision Petition
No.404/2012 dated 10.04.2015 and RP 712/2012 dated
18.04.2015 as per Annexure-E1 & E2 and etc.
In W.P.Nos.36733-735/2018
BETWEEN
1. Sri K. Gopal
Aged about 55 years,
S/o Kaliyappa Goundar
SVT Bus Service
Somwarpet,
Chamarajanagar District - 571313.
2. Sri N Jayshankar
Aged about 35 years,
S/o N Narayana Swamy
No.5343/2, Basavanagudi Badavane
Nanjanugudu,
Mysore District - 571301.
11
3. Smt L Rajamma
Aged about 58 years,
C/o Sri Vasudeva Murthy
No.258, Srirama Road,
Fort Mohalla
Mysore - 570001. ... Petitioners
(By Sri H.B.Nagaraja, Advocate)
AND
1. The Regional Transport Authority
Mysore -570 001
By it's Secretary
2. The Karnataka State Road
Transport Corporation
K.H. Road
Bengaluru - 560 027.
By its Managing Director. ... Respondents
(By Sri. V. Shiva Reddy, HCGP for R1;
Sri. B. Phalakshaiah, Adv. for R2)
These writ petitions are filed under Articles 226 and 227 of
Constitution of India, praying to quash the order passed by the
State Transport Appellate Tribunal in Revision Petition
Nos.109/2014, 120/2014, 196/2014 dated 02.06.2015 vide
Annex-B and etc.
In W.P.Nos.36867-869/2018
BETWEEN
1. R. Lakshmi Narayana,
Age 60 years,
S/o Late Rama Rao,
No.15, 6th Cross, LIC Colony,
3rd Block East, Jayanagar,
Bengaluru - 560 069.
12
2. Smt. Hemavathi,
Age 49 years,
W/o. Lakshmi Narayan,
No.15, 6th Cross, LIC Colony,
3rd Block East,
Jayanagar, Bengaluru - 560 069.
... Petitioners
(By Sri M.E.Nagesh, Advocate)
AND
1. The Regional Transport Authority
Bangalore (Rural), BDA Complex
Koramangala
Bengaluru - 560 034
By its Secretary
2. Karnataka State Road
Transport Corporation
K. H. Road
Bengaluru - 560 027.
By its Managing Director.
... Respondents
(By Sri. V. Shiva Reddy, HCGP for R1;
Sri. B. Phalakshaiah, Adv. for R2)
These writ petitions are filed under Articles 226 and 227 of
Constitution of India, praying to quash the order passed by the
State Transport Appellate Tribunal in Revision Petition No.
682/2012 dated 04.05.2015, R.P.NO.695/2012 dated 08.05.2015
and R.P.No.1200/2012 dated 09.06.2015 as per annexure-D, E, F
and etc.
The writ petition Nos.33047/18, 34500/18, 35770/18,
35771/18, 32802/18, 26492-93/18 coming on for Orders and the
writ petition Nos.9253/18, 32577/18, 38419/18, 38420/18,
36733-35/18, 36867-69/18 coming on for Preliminary Hearing
in 'B' Group this day, the Court made the following:
13
ORDER
All these matters are taken up together with the consent of the parties for final disposal since apparently the subject matter of these writ petitions is substantially similar to the one in W.P.No.37440-37441/2017 (MV) (Sri. S. Manohar Vs., The Regional Transport Authority and another) disposed of by this Court vide judgment dated 15.12.2018 in which reference is made to W.P.No.23907/2018 disposed off by a Co-ordinate Bench vide judgment dated 19.07.2018.
2. In view of the above, these writ petitions also succeed in part; a Writ of certiorari issues quashing the respective impugned orders; a Writ of Mandamus issues to the respondent No.1 - the Regional Transport Authority to consider or cause to be considered the petitioners' applications for renewal of Stage Carriage Permits in accordance with law by including this subject in the agenda of ensuing Meeting.
14
It is needless to mention that a joint survey of the routes in question has to precede consideration of the said applications for renewal as is consensually submitted by all the parties concerned.
All contentions of the parties are kept open. The compliance shall be done within three months.
Sd/-
JUDGE SN