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Karnataka High Court
A.DIWAKARA NAIK - Appellant
Versus
KARNATAKA STATE TRANSPORT AUTHORITY, BANGALORE - Respondent
Decided On : 11-21-01
W.A. : 6205 of 1997
R. V. RAVEENDRAN, J. - Motor Vehicles Act, 1988 - Section 80(3) - The court discussed the provisions of Section 80(3) of the Motor Vehicles Act, 1988, which allows for the variation, extension, or curtailment of a route covered by a permit. The court held that there is no ceiling on the number of variations of conditions of permit that could be obtained as long as the aggregate of the extensions does not exceed 24 kms. The court also clarified the meanings of 'variation', 'extension', and 'curtailment' of a route and emphasized the importance of the Transport Authority being satisfied that such variations will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or extended or any part thereof.
Fact of the Case:
The appellant was the third respondent in a case where the third respondent sought to quash the variations of conditions of permit obtained by Rathnakar Adhikari, contending that the variations exceeded the permissible limit and were granted without application of mind. The court allowed the writ petition, holding that the variations were invalid as the Transport Authority failed to record its satisfaction as required under Section 80(3) of the Motor Vehicles Act, 1988.
Finding of the Court:
The court found that the variations of conditions of permit obtained by Rathnakar Adhikari were invalid as they were granted without the Transport Authority recording its satisfaction as required under Section 80(3) of the Motor Vehicles Act, 1988.
Issues: The issues before the court were whether the Transport Authority has jurisdiction to vary the conditions of a permit more than once, whether the distance covered by the 'curtailment' should be counted as part of 'extension' for calculating the limit of 24 kms. under Section 80(3), and whether the court was justified in quashing the first and second variations of conditions of permit.
Ratio Decidendi: The court held that there is no ceiling on the number of variations of conditions of permit that could be obtained as long as the aggregate of the extensions does not exceed 24 kms. The court also clarified the meanings of 'variation', 'extension', and 'curtailment' of a route and emphasized the importance of the Transport Authority being satisfied that such variations will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or extended or any part thereof.
Final Decision: The court set aside the order quashing the first and second variations of conditions of permit and upheld the order quashing the third variation of conditions of permit. The court directed the Transport Authority to reconsider the application for the third variation of the conditions of the permit in accordance with law and the court's observations.
( 1 ) THE appellant was the third respondent and third respondent herein was the petitioner in W. P. No. 22695 of 1997. Karnataka State Transport authority ('ksta' for short) and its Secretary are respondents 1 and 2 in the writ petition as well as in the appeal.
( 2 ) ONE Ratnakar Adhikari was the holder of permit No. TST 9/1994-95 to operate a stage carriage on the route Nethilapadavu to Krishnapura and back (four round trips per day by one vehicle ). The details of the route was as follows. "nethilapadavu, Gerukatte, Manjeswara, Talapady, Thokkottu (Pumpwell Circle, Kankanady), Mangalore bus Stand, Lady Hill, urva Stores, Panambur, Surathkal, Krishnapura".
( 3 ) THE said permit holder applied and obtained three variations of conditions of permit, under Section 80 (3) of the Motor Vehicles Act, 1988 ('act' for short) as detailed below: first variation of conditions of permit:3. 1 The permit holder applied on 21-12-1994 for the following variation of the conditions of permit: " (a) Curtailment of existing route from Nethilapadavu to Kankanady (three round trips); (b) Curtailment of existing route from Krishnapura to kankanady (four round trips); and (c) Inclusion of the route between Kankanady to Kalpane (seven round trips)". The said application was considered and granted by the KSTA and by resolution dated 30-12-1994 (pronounced on 9-1-1995) in Subject No. 267/1994-95, on the ground that the distance between Kankanady and kalpane (extent of extension) was 18 kms. and that the curtailments and extensions sought were within the limits prescribed by Section 80 (3) of the Act. In pursuance of it, the Secretary, KSTA issued an endorsement of variation of conditions of permit after harmonising the timings, on 21-3-1996. The effect of the curtailments and extension on the route covered by the permit were as follows: (i) Nethilapadavu to Mangalore bus stand [one trip]; (ii) Mangalore bus stand to Kalpane [seven round trips]; (iii) Mangalore bus stand to Nethilapadavu [one trip]. Second variation of conditions of permit :3. 2 The permit holder again applied on 6-9-1995 for variation of conditions of permit by extension from Mangalore Bus Stand to Mangalore railway Station (stated to be about a distance of one km. ). That was granted by KSTA as per resolution published on 7-2-1996 in Subject No. 292/1995-96, on the ground that there was virtually no distinction between Mangalore Bus Stand and Mangalore Railway Station. A consequential endorsement of variation of conditions of permit was issued by the secretary, KSTA, after harmonising the timings, on 29-3-1996. As a result, the altered route covered by the permit got further altered as follows: (a) Nethilapadavu to Mangalore Railway Station via Gerukatte, manjeswara, Talapady, Thokkotu (Pumpwell Circle, kankanady), Mangalore Bus Stand (one trip); (b) Mangalore Railway Station to Kalpane (seven round trips) via Mangalore Bus Stand, Kankanady, Alape, Arkala, S. Katte, Nethirakere, Kodman and Benjanpadavu; (c) Mangalore Railway Station to Nethilapadavu (reverse trip of (a) above ). Third variation of conditions of permit:3. 3 The permit holder made a third application dated 19-8-1996 for grant of variation of condition of the permit as follows. "curtailment of the route from S. Katte to Kalpane (in regard to four round trips) and extension from S. Katte to Abbettu (four round trips)". According to permit holder the variation of condition of permit involved curtailment of route from S. Katte to Kalpane (7 kms.) and extension from S. Katte to Abbettu (7 kms.) in regard to four trips. The said application was considered and granted by KSTA and as per proceedings dated 30/31-8-1996 published on 2-9-1996, in Subject No. 193/1996-97. The Secretary, KSTA, issued a consequential endorsement dated 10-10-1996 assigning the revised timings. As a result, the route has again stood altered as follows: (a) Nethilapadavu to Mangalore Railway Station (one trip); (b) Mangalore Railwa
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