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2018 DIGILAW 449 (KAR)

T. Pramila w/o Venkataramanappa v. Additional Transport Commissioner and Secretary, State Transport Authority

2018-04-02

VINEET KOTHARI

body2018
ORDER : 1. This writ petition has been filed by T. Pramila who was Respondent before the Karnataka State Transport Appellate Tribunal (KSTAT) aggrieved by the order dated 19/03/2018 passed by the Karnataka State Transport Authority, Bengaluru in Revision Petition No.88/2018 (Sri.N. Muddappa Vs. Additional Transport Commissioner and Secretary, Karnataka State Transport Authority and Smt. T Pramila). 2. The operative portion of the said order passed by the KSTAT dated 19/03/2018 is quoted below for ready reference. “ORDER The Revision Petition is allowed and the impugned order is set aside. The facts of the present case in the above mentioned Judgment and the background of the factual circumstances the first respondent shall reconsider the same by taking appropriate steps. The parties should be present before the first respondent on 28-03-2018 at 11.00 A.M. without waiting for any notice. The first respondent is directed to dispose of the case within 60 days from the day after considering the objections and petitions of the parties in accordance with law. Since, the case is disposed of on merits the IA 2 filed in the petition has been infructuous and it is disposed along with the main matter. No order as to the cost. The office is directed to send the copy of the order to the authority forthwith. Sd/- (V. SREESHANANDA) Presiding Officer Karnataka State Transport Appellate Tribunal” 3. The learned Senior Counsel for petitioner, Mr. S.P. Shankar has urged before the Court that while disposing of the said Revision Petition and remanding the case back to the Additional Transport Commissioner and Secretary, Karnataka State Transport Authority - Respondent No.1, the interim arrangement as it existed ought to have been maintained by the learned Karnataka State Appellate Tribunal and in the absence of the same, the present writ petition has been filed by the petitioner for this limited purpose. 4. The Karnataka State Transport Appellate Tribunal had fixed the date of appearance without any further notice to both the side parties on 28-03-2018 at 11:00 A.M before the Respondent No.1 - Additional Transport Commissioner and Secretary, State Transport Authority, Bangalore. 5. The learned counsels at the Bar informed the Court that nothing substantial happened on 28-03-2018 and the said Authority is still seized of the matter. 6. 5. The learned counsels at the Bar informed the Court that nothing substantial happened on 28-03-2018 and the said Authority is still seized of the matter. 6. In these circumstances, the present writ petition is disposed of without interfering in the matter only by directing the Respondent No.1 – Additional Transport Commissioner and Secretary, State Transport Authority, to decide the said matter again afresh upon remand by the Karnataka State Transport Appellate Tribunal, within a period of one week from today. 7. The parties shall appear before the said Authority – Respondent No.1 again on 03-04-2018. 8. The said Authority may pass the interim order, if any, as may be considered appropriate by the said Authority. 9. With these observations, the present writ petition stands disposed of. No order as to costs.