J.V.Shivaganesh vs The Regional Transport Authority on 15 December, 2020

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Karnataka High Court

J.V.Shivaganesh vs The Regional Transport Authority on 15 December, 2020

Bench: S.R.Krishna Kumar

                           1




IN THE HIGH COURT OF KARNATAKA, BENGALURU

     DATED THIS THE 15TH DAY OF DECEMBER 2020

                       BEFORE

     THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

         WRIT PETITION No. 6582 OF 2020(MV)
BETWEEN:

J.V.SHIVAGANESH
S/O. J VENKATACHALAMAIAH,
R/AT BAMBOO BAZAR,
CHINTAMANI, CHIKKABALLPURA DISTRICT.
                                        ...PETITIONER

(BY SRI.B.R. SUNDARA RAJA GUPTA, ADVOCATE)

AND:

1.     THE REGIONAL TRANSPORT AUTHORITY
       BENGALURU CENTRAL
       BDA COMPLEX, KORAMANGALA
       BENGALURU - 560 034.
       BY ITS SECRETARY.

2.      AGA KHAN
       S/O. LATE. M. KARIM KHAN,
       C-7-777, BDA FALT,
       AUSTIN TOWN,
       BANGLAORE 560047.
       (TRANSFREE FROM SMT. BANIJAN)

3.    THE KARNATAKA STATE ROAD TRANSPORT
      CORPORATION
      KENGEL HANUMANTHAIAH ROAD,
      SHANTINAGAR,BANGALORE 560027.
      BY ITS MANAGING DIRECTOR
                                       ...RESPONDENTS
(BY SRI. A.C.BALARAJ, AGA FOR R-1
    SRI. M.E. NAGESH, ADVOCATE FOR R-2
    SRI. HARISH BHANDARY, ADVOCATE FOR R-3)

     THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
                                   2




INSERTED RESOLUTION PASSED IN SL NO. 48, SUBJECT NO.
52/2003-04 DATED: 23.05.2003 MARKED AS ANNEXURE-B AND
THE ORDER OF THE KARNATAKA STATE TRANSPORT
APPELLATE TRIBUNAL PASSED IN APPEAL NO. 85/2018 DATED:
21.04.2018 MARKED UNDER ANNEXURE-D AND ETC.

    THIS W.P. COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

                               ORDER

In this petition, petitioner has sought for the following reliefs:-

" (i) Quash the inserted resolution passed in Sl.No. 48, subject No. 52/2003-04 dated:

23.05.2003 marked as Annexure-'B' and the order of the Karnataka State Transport Appellate Tribunal passed in Appeal No. 85/2018 dated: 21.04.2018 marked under Annexure- D by issue of writ of certiorari or any other appropriate writ or direction and grant such other reliefs in the interest of justice and equity."

2. Heard the learned counsel for petitioner and learned counsel for respondents and perused the material on record.

3. In addition to reiterating the various contentions urged in the petition and referring to the documents produced by the petitioner, learned counsel for the petitioner submits that for the reasons stated in the 3 memorandum of appeal filed by the petitioner in Appeal No.85/2018, the impugned Resolution dated 23.05.2003 is vitiated and the same deserves to be set aside. It is also contended that the Karnataka State Transport Appellate Tribunal (for short 'KSTAT') committed an error in refusing to condone the delay in preferring the appeal by the petitioner and this has resulted in miscarriage of justice.

4. Per contra, learned counsel for respondent No.2 submits that in the face of the Gazette Notification dated 07.03.2019 issued by the State Government which applies to the respondent No.2 also, coupled with the fact that the delay in preferring the appeal by the petitioner is unexplained, there is no merit in the present petition and the same is liable to be dismissed.

5. After having heard the learned counsel and upon perusal of the material on record, without expressing any opinion on the merits / demerits of the rival contentions, I deem it fit and proper to dispose of this petition, subject to the following conditions:-

(i) The RTA before whom the respondent No.2's application for renewal and transfer of the permit that originally stood in the name of the deceased mother Smt.Banijan is pending, is directed to consider the said application in accordance with law bearing in mind the State Government Notification dated 07.03.2019.

(ii) The RTA is also directed to bear in mind the directions issued in the operative portion of the impugned order dated 21.04.2018 passed by the KSTAT in Appeal No.85/2018 which reads as under:-

"I.A.No.1 is rejected.

Consequently, appeal is rejected. Send a copy of this order to the first respondent with a direction to initiate an enquiry as to insertion of impugned resolution into resolution book dated 23/05/2003 and take action in accordance with law.

Return the lower court records forthwith. No order as to costs".

(iii) The RTA is also directed to consider the claim/objections of the petitioner and respondent No.2 before passing any order in accordance with law. 5

(iv) It is made clear that no opinion is expressed on the merits / demerits and the same are left open to be decided by the RTA.

No costs.

Sd/-

JUDGE Srl.

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