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2010 DIGILAW 525 (KAR)

LIYAKATH v. SECRETARY, KARNATAKA STATE TRANSPORT AUTHORITY, BANGALORE

2010-04-13

A.S.BOPANNA

body2010
ORDER Though the petition is listed in the category of hearing on applications in view of the application filed seeking for direction, the consideration of the application would amount to disposal of the petition itself, hence with the consent of the learned Counsel, the petition is taken up for disposal. 2. The brief facts to be noticed before considering the application for direction is that the petitioners are before this Court assailing the order dated 11-6-2009 passed by the Karnataka State Transport Appellate Tribunal. By the said order, the Tribunal has dismissed the Appeal Nos. 66 and 67 of 2009 filed by the petitioners herein. The petitioners claiming to be aggrieved by the order of the Transport Authority rejecting the request for renewal of the Stage Carriage permit which was valid upto 8-1-2009 were before the Tribunal. The request for renewal was rejected primarily on the ground that in respect of a portion of the route which fell in the State of Tamil Nadu, the same was in issue before the High Court of judicature at Madras in the writ petitions filed by certain of the operators in that area. The authority had also noticed certain reasons with regard to the migration of the vehicle and non-production of the documents. 3. To assail the order impugned in this petition several grounds have been urged. However, during the pendency of the petition, the petitioners have thought it fit to exclude the portion lying in the State of Tamil Nadu and restrict their operation only in Karnataka i.e., starting from Gollahalli Cross to Narasapura before entering into the border of Tamil Nadu. It is in that regard the applications as at Annexures-V and W have been filed by the petitioners before the Karnataka State Transport Authority. The present application is filed seeking for a direction as otherwise the respondents would not be in a position to consider the said applications in view of the issue pending before this Court. 4. As already noticed, the issue before the Tribunal was with regard to the renewal of the Stage Carriage permit which included the portion which was within the boundary of the State of Tamil Nadu. 4. As already noticed, the issue before the Tribunal was with regard to the renewal of the Stage Carriage permit which included the portion which was within the boundary of the State of Tamil Nadu. A perusal of the order passed by the State Transport Authority which has thereafter been upheld by the Tribunal would indicate that the primary reason for which the application was rejected was in view of the interim order granted by the High Court of Judicature at Madras since a portion was also included in that State. As already noticed, the other reasons indicated are with regard to the migration of the vehicle and other documents. Insofar as the latter two aspects in any event, a consideration on that aspect could be made by the State Transport Authority while considering Annexures-V and W on its merits. What requires to be clarified in this petition is that at the first instance, the application had been rejected since the portions in the State of Tamil Nadu had been included and the litigation in that regard is pending in the High Court of Judicature at Madras. In the application made at Annexures-V and W, the petitioner has excluded the said portion and has limited his application for renewal of the permit only to the area lying within the State of Karnataka and therefore the impediment which existed at the point when the earlier application had been considered by the State Transport Authority and had been rejected and so also approved by the Tribunal does not exist at this point of time. 5. Hence without expressing any opinion on the merits of the contentions which have been raised in this petition since the petitioner has now limited his claim only to those portions lying within the Karnataka and in that regard consideration would have to be made by respondent 4, the petition itself is disposed of. Consequently, the application in Misc. No. 4034 of 2010 is allowed and a direction is issued to the respondents to consider and dispose of the applications at Annexures-V and W on its merits and in accordance with law after providing opportunity to the petitioners. Consequently, the application in Misc. No. 4034 of 2010 is allowed and a direction is issued to the respondents to consider and dispose of the applications at Annexures-V and W on its merits and in accordance with law after providing opportunity to the petitioners. Considering that the issue relating to the renewal of the permit of the petitioner has been pending for quite some time, the respondent shall consider and dispose of the applications as expeditiously as possible but not later than the outer limit of two months from the date of the production of certified copy of this order. While disposing of the application the respondent/authority shall also take note of the similar circumstances under which the Tribunal had considered the provisions under Section 86(1)(c) of the Motor Vehicles Act, 1988 in Appeal No. 11 of 2007. In terms of the above, the petition stands disposed of. No order as to costs.