Karnataka High Court
Sri Liyakhat Ali Khan vs The State Of Karnataka on 23 April, 2019
Author: S.Sujatha
Bench: S.Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF APRIL, 2019
BEFORE:
THE HON'BLE MRS. JUSTICE S.SUJATHA
W.P.Nos.5581 - 5585 & 5586 - 5588/2014 c/w
W.P.Nos.3156 & 3737/2014,
W.P.Nos.6835 - 6849/2014 AND
W.P.Nos.7779 - 7790/2014 (LB - BMP)
IN W.P.Nos.5581 - 5585 & 5586 - 5588/2014:
BETWEEN:
1. SRI LIYAKHAT ALI KHAN
S/O S.K. MOHAMOOD KHAN,
AGED ABOUT 52 YEARS,
NO.26, 11TH CROSS
SOMESHWARANAGAR,
OPP. 10TH CROSS,
WILSON GARDEN, BANGALORE
2. SRI S.KUMARA VELU
S/O SENGONDAVELAPPAN
AGED ABOUT 42 YEARS
SRIDEVI BUS SERVICE
1/1, DISPENSARY ROAD
KALASIPALYAM
BANGALORE-560076
3. SRI K.V.HARISH
S/O KRISHNA REDDY
AGED ABOUT 41YEARS,
HARIKRUPA
SRI VENKATESHWARA NILAYA
MIRZA ROAD, ANEKAL TOWN
BANGALORE DISTRICT
4. SRI D.MANOKARAN
S/O D.MANOHAR,
-2-
AGED ABOUT 42 YEARS
NO.18/3, MARIYAMMA KOIL STREET
JAI BHARATH NAGAR
BANGALORE-560033
5. SRI SAMPANGI RAMAIAH K.C.,
S/O CHIKKANNA,
AGED ABOUT 48 YEARS,
NO.4, 1ST FLOOR
RAGHAVENDRA ENTERPRISES
JAYANAGAR SHOPPING COMPLEX
BANGALORE-560011
6. SRI S.MANUKUMAR
S/O M.SAMPANGIRAMU,
AGED ABOUT 41 YEARS,
NO.258, 24TH A CROSS
JAYANAGAR, BANGALORE
7. SRI RANGAVILAS MOTOR TRANSPORT
NO.439, GANDHI ROAD
KRISHNAGIRI, TAMIL NADU
REP. BY ITS PARTNER SRI CHINNAPPAN
8. SRI G.A.SANJAY
S/O G.M.ASHWATHA REDDY
AGED ABOUT 47 YEARS
PROP: JAI BHARATH MOTOR SERVICE
GUNJOOR VILLAGE AND POST
VIA VARTHUR
BANGALORE-560087 ... PETITIONERS
[BY SRI C.V.KUMAR, ADV.]
AND:
1. THE STATE OF KARNATAKA
BY THE PRINCIPAL SECRETARY
TO THE GOVERNMENT
DEPARTMENT OF URBAN
DEVELOPMENT (BBMP)
VIDHANA SOUDHA
BANGALORE-560001
-3-
2. BRUHAT BENGALURU MAHANAGARA PALIKE
BANGALORE-560002
BY ITS COMMISSIONER
3. BANGALORE METROPOLITAN
TRANSPORT CORPORATION
K.H. ROAD, BANGALORE-560027
BY ITS MANAGING DIRECTOR ...RESPONDENTS
[BY SRI DILDAR SHIRALLI, HCGP FOR R-1;
SRI SUBRAMANYA R., ADV. FOR R-2;
SRI B.L.SANJEEV, ADV. FOR R-3.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 20.11.2012 OF THE R-1
GRANTING PERMISSION/SANCTION FOR THE ALIENATION/
TRANSFER/EXCHANGE OF LANDS IN KALASIPALYAM KNOWN
AS KALASIPALYAM BUS STAND AREA, TO AN EXTENT OF 4
ACRES & 13 GUNTAS IN FAVOUR OF R-3 B.M.T.C. BY THE R-2
B.B.M.P.(ANNEXURE-A).
IN W.P.Nos.3156 & 3737/2014:
BETWEEN:
1. SRI H.N.HANUME GOWDA
S/O H.C.NARAYANAPPA
AGED ABOUT 53 YEARS
PROP: SRI LAKSHMI SARASWATHI
MOTOR SERVICE
NO.18, 8TH CROSS, 6TH MAIN
BTM 2ND STAGE
BANGALORE-560076
2. SRI S.C.SREENIVASA
S/O S.CHANDRASHEKARAIAH
AGED ABOUT 44 YEARS
NO.23, BTM II STATE
N.S. PALYA, 17TH MAIN ROAD
BANGALORE-560076 ... PETITIONERS
[BY SRI C.V.KUMAR, ADV.]
-4-
AND:
1. THE STATE OF KARNATAKA
BY THE PRINCIPAL SECRETARY
TO THE GOVERNMENT
DEPARTMENT OF URBAN
DEVELOPMENT (BBMP)
VIDHANA SOUDHA
BANGALORE-560001
2. BRUHAT BENGALURU MAHANAGARA PALIKE
BANGALORE-560002
BY ITS COMMISSIONER
3. BANGALORE METROPOLITAN
TRANSPORT CORPORATION
K.H. ROAD, BANGALORE-560027
BY ITS MANAGING DIRECTOR ...RESPONDENTS
[BY SRI DILDAR SHIRALLI, HCGP FOR R-1;
SRI SUBRAMANYA R., ADV. FOR R-2;
SRI B.L.SANJEEV, ADV. FOR R-3.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 20.11.2012 OF THE R1 GRANTING
PERMISSION/SANCTION FOR THE ALIENATION/TRANSFER
/EXCHANGE OF LANDS IN KALASIPALYAM KNOWN AS
KALASIPALYAM BUS STANDS AREA, TO AN EXTENT OF 4 ACRES
AND 13 GUNTAS IN FAVOUR OF R3, BANGALORE
METROPOLITAN TRANSPORT CORPORATION BY THE R2
B.B.M.P. VIDE ANNEXURE-A.
IN W.P.Nos.6835 - 6849/2014:
BETWEEN:
1. C.ANANTHA SHANKAR
S/O LATE S.CHOODAPPA
AGED ABOUT 51 YEARS
MANAGING PARTNER
S.K.M.S., ANEKAL
-5-
2. DAYANANDA SAGAR
S/O LATE G.A.RAMAIAH REDDY
AGED ABOUT 55 YEARS
R/AT NO.5/1, 1ST MAIN
GOPALAPPA LAYOUT
3. SMT.K.G.NIRMALA
W/O LATE K.G.DAYANANDA
AGED ABOUT 51 YEARS
PROP: S.N.MOTOR SERVICE
LION BHAVAN ROAD
DODDABALLAPUR
BANGALORE RURAL DISTRICT
4. D.L.SADASHIVA REDDY
S/O LAKSHMANA REDDY
AGED ABOUT 62 YEARS
R/AT SUVARANAMUKHI EXPRESS
JAYANAGAR (WEST)
BANGALORE-560082
5. N.MUDDAPPA
S/O LATE M.NARASIMHA
AGED 76 YEARS
S L N MOTOR SERVICE
NO.1649, NAGAPPA BLOCK
BANGALORE-560021
6. K.S.RAVIKUMAR
S/O SEETHAPPA
AGED ABOUT 45 YEARS
NO.182-A, ANNAYAPPA BLOCK
SHESHADRIPURAM MAIN ROAD
BANGALORE-560020
7. A.P.GOPI KRISHNA
S/O LATE A.M.P. MUDALIAR
AGED ABOUT 45 YEARS
PROP:BHARATHI MOTOR SERVICES
NO.47, MOHAN MANSIONS
KASTURBA ROAD
BANGALORE-560001
-6-
8. D.S.VIJAYALAKSHMI
W/O D.L.SADASHIVA REDDY
AGED ABOUT 58 YEARS
NO.607, 10TH CROSS
7TH BLOCK, WEST JAYANAGAR
BANGALORE-560082
9. G.V.CHANDRASHEKAR
S/O G.T.V. REDDY
AGED ABOUT 50 YEARS
VINAYAKA MOTOR SERVICES
A.V. ROAD, BANGALORE-560002
10. G.V.NAGARAJA REDDY
S/O G.T.V.REDDY
AGED ABOUT 48 YEARS
VINAYAKA MOTOR SERVICES
A.V.ROAD, BANGALORE-560002
11. H.V.SATHISH REDDY
S/O G.T.V.REDDY
AGED ABOUT 45 YEARS
VINAYAKA MOTOR SERVICES
A.V. ROAD, BANGALORE-560002
12. G.V.PALAKSHA
S/O G.T.V.REDDY
AGED ABOUT 43 YEARS
VINAYAKA MOTOR SERVICES
A.V. ROAD, BANGALORE-560002
13. K.G.HANUMANTHA RAJU
S/O GANGAPPA
AGED ABOUT 58 YEARS
SOMANATHA MOTOR SERVICES
KALASIPALYAM, BANGALORE-560002
14. SRI MOHAMMED UMAR
S/O K.BASHA
AGED ABOUT 68 YEARS
BUS OPERATOR, KALASIPALYAM
BANGALORE-560002
-7-
15. SRI K.MUBARAK BASHA
S/O KHADER KHAN
AGED ABOUT 28 YEARS
NO.26, 11TH CROSS
SOMESHWAR NAGAR
JAYANAGAR 1ST BLOCK
BANGALORE-560011 ... PETITIONERS
[BY SRI S.V.KRISHNASWAMY, ADV.]
AND:
1. THE STATE OF KARNATAKA
BY THE PRINCIPAL SECRETARY
TO THE GOVERNMENT
DEPARTMENT OF URBAN
DEVELOPMENT (BBMP)
VIDHANA SOUDHA
BANGALORE-560001
2. BRUHAT BENGALURU MAHANAGARA PALIKE
BANGALORE-560002
BY ITS COMMISSIONER
3. BANGALORE METROPOLITAN
TRANSPORT CORPORATION
K.H. ROAD, BANGALORE-560027
BY ITS MANAGING DIRECTOR ...RESPONDENTS
[BY SRI DILDAR SHIRALLI, HCGP FOR R-1;
SRI B.L.SANJEEV, ADV. FOR R-2;
SRI R.V.JAYAPRAKASH, ADV. FOR R-3.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 20.11.2012 OF THE R1, GRANTING
PERMISSION/SANCTION FOR THE ALIENATION/TRANSFER/
EXCHANGE OF LANDS IN KALASIPALYAM KNOWN AS
KALASIPALYAM BUS STAND AREA, TO AN EXTENT OF 4 ACRES
& 13 GUNTAS IN FAVOUR OF R3, BANGALORE METROPOLITAN
TRANSPORT CORPORATION BY THE R2, BBMP VIDE
ANNEXURE-A.
-8-
IN W.P.Nos.7779 - 7790/2014:
BETWEEN:
1. SRI S.C.VENKATESH
S/O CHELLAPPAN, ]
AGED ABOUT 48 YEARS
VENKATESHWARA MOTORS,
SIPCOT, HOSUR, TAMILNADU.
2. SMT.C.PAPPU
W/O CHELLAPPAN,
AGED ABOUT 52 YEARS
VENKATESHWARA MOTORS,
SIPCOT, HOSUR, TAMILNADU.
3. M.C.VENKATESHAMURTHY
S/O CHANDRASHEKARMURTHY,
AGED ABOUT 63 YEARS,
R/O CHURCH STREET,
SHANTHINAGAR, BANGALORE.
4. K.MIR AKRAM
S/O K.MIR AZAM,
AGED ABOUT 63 YEARS,
R/O NO.50, KHAZI STREET,
BASAVANAGUDI,
BANGALORE.
5. SMT.R.SUMATHY
W/O N.RAJESH,
AGED ABOUT 42 YEARS
CHIKKABAJANE MANDIR STREET,
SARJAPUR POST, ANEKAL TALUK,
BANGALORE.
6. SRI M.GANESHAN
S/O R.MUTTUSWAMY,
AGED ABOUT 49 YEARS,
R/O NO.20/1, SWAMY COMPLEX,
A.V.ROAD, KALASIPALYAM,
BANGALORE.
-9-
7. SRI D.T.VIJAYARAGHAVAN
S/O D.T.L.IYENGAR,
AGED ABOUT 61 YEARS
R/O NO.869, 20TH MAIN,
38TH CROSS, "T" BLOCK,
JAYANAGAR, BANGALORE.
8. SRI VIJAYA SAI B.,
S/O T.G.BODA SHETTY,
AGED ABOUT 53 YEARS,
NO.141, NETHAJINGAR,
MATHIKERE, HOSUR TALUK,
KRISHNAGIRI DISTRICT,
TAMIL NADU.
9. SR B.S.SHIVA KUMAR
S/O P.SUBRAYAPPA,
AGED ABOUT 42 YEARS
NO.76, III MAIN ROAD,
CHAMARJAPET, BANGALORE.
10. SRI P.N.NAGENDRA
S/O P.NARAYANA RAO,
AGED 48 YEARS,
NO.12, CAUVERY NILAYA,
"D" STREET, FORT,
BANGALORE-560002.
11. Y.C.SHANKAR NARAYANA REDDY
S/O CHANNA REDDY,
AGED ABOUT 43 YEARS
YEDAVANAHALLY POST,
ANEKAL TALUK, BANGALORE DITRICT.
12. SMT.N.ROOPASHREE
W/O P.SHIVA KUMAR,
AGED ABOUT 34 YEARS
R/O.NO.369/C, 5TH CROS,
LAKSHMI ROAD, SHANTHINAGAR,
BANGALORE-560027. ... PETITIONERS
[BY SRI C.V.KUMAR, ADV.]
- 10 -
AND:
1. THE STATE OF KARNATAKA
BY THE PRINCIPAL SECRETARY
TO THE GOVERNMENT
DEPARTMENT OF URBAN
DEVELOPMENT (BBMP)
VIDHANA SOUDHA
BANGALORE-560001
2. BRUHAT BENGALURU MAHANAGARA PALIKE
BANGALORE-560002
BY ITS COMMISSIONER
3. BANGALORE METROPOLITAN
TRANSPORT CORPORATION
K.H. ROAD, BANGALORE-560027
BY ITS MANAGING DIRECTOR ...RESPONDENTS
[BY SRI DILDAR SHIRALLI, HCGP FOR R-1;
SRI S.N.PRASHANTH CHANDRA, ADV. FOR R-2;
SRI B.L.SANJEEV, ADV. FOR R-3.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 20.11.2012, OF THE R1, GRANTING
PERMISSION/SANCTION FOR THE ALIENATION/TRANSFER
/EXHANGE OF LANDS IN KALASIPALYAM KNOWN AS
KALASIPALYAM BUS STAND AREA, TO AN EXTENT OF 4 ACRES
& 13 GUNTAS IN FAVOUR OF R3, BANGALORE METROPOLITAN
TRANSPORT CORPORATION BY THE R2, B.B.M.P. VIDE
ANNEXURE-A.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:-
- 11 -
ORDER
These petitions involving similar and akin issues, have been considered together and are disposed of by this common order.
2. The petitioners have challenged the order dated 20.11.2012 bearing No. Na Aa E 169 MNY 2010 of the respondent No.1 granting permission / sanction for the alienation / transfer / exchange of lands in Kalasipalyam bus stand area to an extent of 4 acres and 13 guntas in favour of respondent No.3 through Bangalore Metropolitan Transport Corporation ['BMTC' for short] by the respondent No.2 i.e., Bruhat Bangalore Mahanagara Palike ['BBMP' for short].
3. The petitioners are claiming to be the stage carriage operators on various routes. The bus stand at Kalasipalyam, Bengaluru known as Kalasipalyam bus stand is a specified bus stand for private buses at Bengaluru. It is submitted that almost all stage
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carriage buses of private operators are required to use Kalasipalyam bus stand to start and terminate the journey at Bengaluru. It is the contention of the petitioners that place/space to an extent of about 5 acres in Kalasipalyam was set apart as bus stand for stage carriage buses for the benefit of traveling public having regard to its location and the said bus stand has been in use for more than six to seven decades. It is contended that the said bus stand area has been transferred by the BBMP to BMTC by virtue of the order of the respondent No.1 impugned herein contrary to Section 176 of the Karnataka Municipal Corporation Act, 1976 ['Act' for short]
4. Being aggrieved, these writ petitions are filed.
5. The learned counsel for the petitioners would submit that Section 348 of the Karnataka Municipal Corporation Act, 1976 ('Act' for short) contemplates that
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the Commissioner may construct or provide public halting places, cart-stands, cattle sheds and cow- houses and may charge and levy such fees for the use of the same as the standing committee may fix. In terms of the explanation appended to the said provision, a cart-stand shall, for the purposes of the Act, include a stand for carriages including motor vehicles within the meaning of the Motor Vehicles Act, 1939. As per sub- section (2) of Section 348, the standing committee of the BBMP is the competent authority to fix the fees for the use of such place and the statement of such fees fixed by the Standing Committee shall be put up in Kannada and English in a conspicuous part thereof. Hence, the fixing and levying fees by the Government/BMTC is without authority and jurisdiction. It was argued that Article 243W of the Constitution read with Twelfth Schedule contemplates, the public amenities including street lighting, parking lots, bus stops and public conveniences shall be maintained by the Municipal
- 14 -
Corporation. The sovereign/constitutional function of the Municipal Corporation cannot be delegated to BMTC for determining and collecting the bus stand fees. It was submitted that the amount of Rs.500/- per bus per day or Rs.8,000/- per month is exorbitant and there is no nexus for the fee fixed and the services provided. Quantum of fee levied is highly arbitrary and has no legal basis. The BBMP or the Government cannot abdicate their duties and they cannot permit the KSRTC/BMTC who are also operators of the buses to maintain or manage the bus stand.
6. The learned counsel submitted that no immovable property shall be disposed of by sale or by other transfer, except with the previous sanction of the Government as per Section 176[6][b][iii] of the Act, 1976. The order dated 20.11.2012 of the State Government granting permission/sanction for value, transfer, exchange of lands in Kalasipalyam bus stand
- 15 -
area to an extent of 4 acres 13 guntas in favour of BMTC by the second respondent - BBMP is null and void.
7. The learned counsel for the BMTC submitted that after holding several meetings between the Commissioner of BBMP and the Managing Director of BMTC with regard to the transfer of Kalasipalyam bus stand to BMTC and on the recommendations made by both the parties, the Government by its order dated 20.11.2012 granted approval for transfer of an extent of 174 acres of land belonging to BMTC to BBMP at 50% of the guidance value of the land and further granted approval for transfer of 4 acres 13 guntas of land belonging to BBMP at Kalasipalyam to BMTC at 50% of the guidance value. The actual possession of the Kalasipalyam bus stand was handed over to BMTC by BBMP on 19.10.2011 itself with a view to develop the said land as a bus stand. The proposal for handing over
- 16 -
the same to BMTC was made with a view to enable the BMTC to establish a new bus stand with all modern facilities. After the bus stand was handed over to the possession of BMTC, BMTC has spent about Rs.45 lakhs for the purpose of cleaning and to develop the same. In order to maintain the bus stand in a clean and hygienic condition, BMTC has to spent lot of money. It is in this regard, BMTC has sent a proposal to the Government to permit it to collect a sum of Rs.500/- per bus per day or a sum of Rs.8,000/- per bus per month as entry fees from private operators. The Government by the impugned order dated 08.08.2012 has permitted BMTC to collect the said sum including the service charges.
8. It was argued that under Section 34 of the Road Transport Corporation Act, 1950, the State Government has got power to issue directions and general instructions. Pursuant to the Government
- 17 -
Order dated 08.08.2012, BMTC has issued notice to all the private bus operators demanding for payment of bus stand fees as fixed. It was submitted that the work of the bus stand with all modern facilities is under progress and therefore determination and demand of bus stand fees is justifiable.
9. Learned counsel appearing for the BBMP submitted that the BBMP is empowered to transfer the bus stand area to BMTC in terms of Clause 6[b][iii] of Section 176 of the Act, 1976. Hence, the order impugned being passed in conformity with the provisions, the same requires to be held to be justifiable.
10. The learned High Court Government Pleader appearing for the State of Karnataka supports the arguments advanced by the learned counsel appearing for the BBMP.
- 18 -
11. I have carefully considered the rival submissions of the learned counsel appearing for the respective parties and perused the material on record.
12. A detailed order has been passed by this Court in W.P.Nos.46451-46466/2013 and allied matters in as much as the determination of bus stand fee is concerned.
13. The sole ground of attack of the petitioners in challenging the transfer of Kalasipalyam bus stand area by the BBMP to BMTC is that no decision was taken on proposal made for exchange of lands as contemplated in the order impugned herein by the Authorities concerned i.e., BBMP and BMTC whereas suo motu order has been passed by the State Government anticipating the resolution of the council of BBMP to the said effect. This argument has to fail for the reasons that multiple meetings were held between
- 19 -
the competent officers of the BBMP and BMTC, as could be seen from the material available on record, after the proposal was crystallized for exchange of lands relating to 4 acres 13 guntas of land belonging to BBMP with 174 acres 6 guntas of BMTC for the use of solid waste disposal, the Government by its order dated 20.11.2012 granted approval for transfer of the lands in anticipation of the approval by the council of BBMP. The BBMP council has approved the said transfer on 29.11.2012 and the actual possession of the Kalasipalyam bus stand has been handed over to BMTC with a view to develop the said land as a new bus stand with all modern facilities.
14. Section 176[6][b][iii] of the Act 1976 contemplates that no immovable property shall be disposed of by sale or by other transfer except with the previous sanction of the Government. The Division bench of this Court in the case of
- 20 -
A.N.Ramalingegowda V/s. State of Karnataka and Others1, has observed that the previous sanction of State Government required under Section 176[6][b][iii] of the Act, 1976 is in the nature of power given to State Government in matter of giving sanction. It is the supervisory power exercisable only to put Municipal Corporation on proper lines if it is found to be going astray. The State Government is required to act as a protector and guardian of the properties of Civic Bodies by exercising vigil and proper control over the proposal of transfer of land by the civic bodies. In the context of Municipal Corporation, in order to comply with the Chief Minister's recommendation, passing resolution to part with property for market price in favour of a private party, by private sale not by public auction, overlooking its own needs, held that the sanction given by the State Government to sell property is not justifiable. However, in the present case, it is not the suo motu decision taken 1 2012 [3] Kar.L.J 6
- 21 -
by the State Government as alleged by the petitioners but on the recommendations made by the Statutory authorities i.e., BBMP and BMTC to meet the larger interest of the State itself more particularly in compliance of the interim order/direction passed in W.P.No.24739-740/2012 and connected matters to identify and use the land for the purpose of disposal of solid waste, it was proposed to exchange 4 acres 13 guntas of Kalasipalyam bus stand area of BBMP to be transferred and developed as a modern bus stand by BMTC with 174 acres 6 guntas of land [owned by BMTC to be transferred and utilized by the BBMP for disposal of solid waste]. This order has been passed to cater the needs of the society while acting as a guardian and protector of the properties of both the Statutory authorities. Though the said order was passed in anticipation of the resolution by the committee of BBMP, the same has been ratified/complied with, by the council of BBMP in passing the resolution dated
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29.11.2012 approving the transfer of the lands as aforesaid. By virtue of the order impugned, both the statutory authorities are acted upon the same and the developmental work of modern bus stand by the BMTC is under progress vis-à-vis solid waste disposal process being taken care of by the BBMP. Hence, there is no violation of Section 176[6][b][iii] of the Act, 1976 as contended by the petitioners and the order impugned does not call for any interference by this Court. No other ground is urged by the petitioners in as much as the challenge to the order impugned.
However, in view of the proceedings of determination of the bus stand fees being remitted to the standing committee of the BBMP, the petitioners herein are at liberty to participate in the proceedings before the Standing Committee of BBMP in as much as determining/adjudicating the Bus Stand fees relating to the Kalasipalyam Bus stand is concerned.
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Writ petitions stand disposed of accordingly.
Sd/-
JUDGE PMR/NC