The Managing Director vs Syed Ejaz Pasha on 30 May, 2013

[Cites 2, Cited by 7]

Karnataka High Court

The Managing Director vs Syed Ejaz Pasha on 30 May, 2013

Bench: A.N. Venugopala Gowda

                           1



IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 30TH DAY OF MAY, 2013

                        BEFORE

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

        WRIT PETITION NOS.47248-249/2012 (MV)

BETWEEN:

THE MANAGING DIRECTOR
K.S.R.T.C.
K.H.ROAD, SHANTHINAGAR
BANGALORE - 560 027
NOW REPT. BY CHIEF LAW OFFICER
                                      ... PETITIONER

(BY SRI B.PALAKSHAIAH, ADV.)

AND:

1.     SYED EJAZ PASHA
       S/O SYED MUNEER PASHA
       AGED MAJOR
       R/AT ADDAGAL VILLAGE
       SREENIVASAPURA TALUK
       KOLAR DISTRICT - 563 135.

2.     SRI MOHIDDIN SHARIFF
       S/O HYDER SHARIFF
       HSMS, RAJAJI RD
       SRINIVASAPUR
       KOLAR DISTRICT - 563 135.

3.   THE REGIONAL TRANSPORT AUTHORITY
     KOLAR
     REPT. BY ITS SECRETARY
                                   ... RESPONDENTS
(BY SRI T.K.VEDAMURTHY, HCGP FOR R3)
                            2




      THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO CALL FOR THE RECORDS FROM THE KSTAT
ON HIS FILE APPEAL NO.185/2012 AND 188/2012 DATED
18.7.2012 AND QUASH AND SET ASIDE THE ORDERS IN
APPEAL NO.185/2012 AND 188/2012 DATED 18.7.2012
VIDE ANNX-A.

     THESE PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                       ORDER

Heard Sri. B.Palakshaiah, learned Advocate for the petitioner and Sri. T.K.Vedamurthy, learned HCGP for 3rd respondent and perused the writ record.

2. First and second respondents herein, filed application for grant of stage carriage permit for the route Challipalli Cross to Srinivasapura and back. Said application was the subject matter of consideration by the Authority vide Subject Nos.37(A&B)/2004 and 23/2005 held on 19.12.2011. 3rd respondent in its meeting held on 19.12.2011, resolved to reject the application, since the route in question was over lapping the Kolar Pocket Scheme between Alavatta Cross to 3 Dandupalya Cross, to an extent of 0.1 km. The order of rejection was questioned by respondents 1 and 2 before the STAT in Appeal Nos.185 and 188/2012 respectively. The Tribunal has allowed the appeals and remanded the matter to the Authority, with a direction to reconsider the matter afresh, in the light of the observations made in the order and in accordance with law and at an early date and with reference to law laid down by the Apex Court in the case of Ashrafulla Khan. Assailing the said order, these writ petitions have been filed.

3. The contentions of the applicants before the STAT that there is intersection to an extent of 0.1 km having not been considered by the Authority in accordance with law, by granting opportunity of hearing to the applicants, the matter has been remanded to the Authority to find out whether 0.1 km is the intersection or over lapping, in the light of the decision in the case of Ashrafulla Khan. The view which the Tribunal has taken is not arbitrary or illegal. In the circumstances, I 4 do not find any justification to entertain these writ petitions.

In the result, writ petitions are rejected. However, the RTA shall grant opportunity of hearing to both the parties and find out whether 0.1 km is an intersection or over lapping, in the light of the decision in the case of Ashrafulla Khan. The Authority is directed to decide the matter with expedition.

Sri. T.K.Vedamurthy, is permitted to file memo of appearance within a period of four weeks.

Sd/-

JUDGE ca

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