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2023 Supreme(Online)(KAR) 22740

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2023 BEFORE THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.9802 OF 2021 (MV)

C/W WRIT PETITION NOS.8050/2021, 12796/2021, 12838/2021, 12873/2021, 12931/2021, 12935/2021, 12942/2021, 12969/2021, 12970/2021, 12971/2021, 12972/2021, 12973/2021, 12974/2021, 12977/2021, 13610/2021, 13618/2021, 13687/2021, 19107/2021, 20295/2021, 21356/2021, 21609/2021, 23096/2021, 89/2022, 2330/2022, 2855/2022 & 4401/2022 (MV)

IN WP.NO.9802/2021 BETWEEN:

MOHAMMED IRSHAD S/O.T.MOHAMMED BASHEER AGED ABOUT 40 YEARS NO.842, NEAR HEAD POST OFFICE GOWRIPET KOLAR – 563 101 ... PETITIONER (BY SRI B.R.SUNDARARAJA GUPTA, ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL BDA COMPLEX KORAMANGALA BENGALURU – 560 034 BY ITS SECRETARY

2. KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE KENGAL HANUMANTHAIAH ROAD SHANTHINAGAR BENGALURU – 560 027 BY ITS MANAGING DIRECTOR

3. REHANA BEGUM W/O.SHAIK SHAFIULLA MAJOR NO.33, 11TH CROSS SHAMPUR MAIN ROAD NEXT TO ASHRAFIA MOSQUE NEAR DR.AMBEDKAR MEDICAL COLLEGE R.T.NAGAR BENGALURU – 560 032 … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1;

SRI HAREESH BHANDARY T., ADVOCATE FOR R-2;

SRI M.V.NAGESH, ADVOCATE FOR R-3)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.04.2021 (ANNEXURE-E) PASSED IN RP.NOS. 94 & 108 OF 2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.8050/2021 BETWEEN:

1. N.SRINIVASA NAIDU S/O.NARAYANASWAMY NAIDU AGED ABOUT 60 YEARS ANJANI BADAVANE, CHINTAMANI CHIKKABALLAPURA DISTRICT - 563 125

2. SYED FAYAZ AHMED S/O.ABDUL RAZACK SAB AGED ABOUT 53 YEARS CHINNASANDRA VILLAGE BENGALURU ROAD CHIKKABALLAPURA 563 125 … PETITIONERS (BY SRI B.R.SUNDARARAJA GUPTA, ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 BY ITS SECRETARY

2. KARNATAKA STATE BOARD TRANSPORT CORPORATION CENTRAL OFFICE KENGAL HANUMANTHAIAH ROAD SHANTHINAGAR BENGALURU – 560 027 BY ITS MANAGING DIRECTOR … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1;

SRI HAREESH BHANDARY T., ADVOCATE FOR R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-G) PASSED IN RP.NOS. 105 & 110 OF 2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12796/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL), K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL), BDA COMPLEX KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. SRI H.A.MANJUNATHA PRASANNA S/O.H.P.APPANNACHARI NO.104, 'C' BLOCK GOLDEN STAR APARTMENT HOODI, M.D.POST BENGALURU – 560 048

3. REGIONAL TRANSPORT amendment carried AUTHORITY (URBAN) out by order BENGALURU dated 20.07.2021 BY ITS SECRETARY … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1 & R-3;

SRI M.E.NAGESH, ADVOCATE FOR R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 130/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12838/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL), K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU - 560 037 REP. BY ITS SECRETARY

2. THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU - 560 037 3. SRI ANIL KUMAR S/O.LATE NAGARAJ NO.16, 1ST CROSS, A.V.ROAD NEAR KALASIPALYA BUS STAND BENGALURU-560 002

4. THE REGIONAL TRANSPORT amended carried AUTHORITY (URBAN) out by order BENGALURU dated 20.07.2021 BY ITS SECRETARY … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1, R-2 & R-4;

SRI C.M.S.SHARIFF, ADVOCATE FOR R-3)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 104/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12873/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL), K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY 2. SRI ASHOK KUMAR S/O.MUNISWAMY KUNDANAHALLI VILLAGE HORALAGERE POST MALUR TALUK KOLAR – 563 130

3. REGIONAL TRANSPORT amended carried AUTHORITY (URBAN) out by order BENGALURU dated 20.07.2021 BY ITS SECRETARY … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1 & R-3;

SRI M.E.NAGESH, ADVOCATE FOR R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 126/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12931/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL), K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. SRI RAFIUULLA S/O.RAHAMATHULLA NO.3387, 5TH CROSS GAYATHRINAGAR BENGALURU – 560 021

3. SRI B.A.MUSHEER AHAMED S/O.K.B.ANWAR BASHA PROP: V.M.MOTOR NO.7/2, AZEEMA BUILDING 1ST FLOOR, KALASIPALYAM BENGALURU – 560 002 … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 119/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12935/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL), K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. SRI SRINIVASA REDDY S/O.T.RAMAIAH TIPPASANDRA VILLAGE GUNJOOR VARTHOOR BENGALURU – 590 087 … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 99/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12942/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL), K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX KORAMANGALA BENGALURU – 560 034

3. SRI LAKSHMINARAYANA S/O.N.RAMARAO NO.15, 6TH CROSS LIC COLONY, 3RD BLOCK JAYANAGARA EAST BENGALURU – 560 011 … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1 & R-2;

SRI M.E.NAGESH, ADVOCATE FOR R-3)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 109/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12969/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL), K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX KORAMANGALA BENGALURU – 560 034

3. SRI D.R.SRINIVASA GOWDA S/O.RAMEGOWDA NO.303, 5TH CROSS MUNIYAPPA LAYOUT K.R.PURAM BENGALURU – 560 088 … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1 & R-2;

SRI M.E.NAGESH, ADVOCATE FOR R-3)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 112/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12970/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL), K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX KORAMANGALA BENGALURU – 560 034

3. SRI S.M.MANJUNATHA S/O.MUNIYAPPA NO.02, NAGARTHAPETE SHIDLGATTA KOLAR – 562 105 … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1 & R-2;

R-3 IS SERVED)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 118/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12971/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL)

K.H.ROAD, SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. SMT.ARUNAKUMARI W/O.ASHOK KUMAR KUNDANAHALLI VILLAGE HORALAGERE POST MALUR TALUK KOLAR – 563 130 … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1;

SRI M.E.NAGESH, ADVOCATE FOR R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 125/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12972/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL), K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX KORAMANGALA BENGALURU – 560 034 3. SMT.HEMAVATHI W/O.R.LAKSHMINARAYANA NO.15, 6TH CROSS LIC COLONY, 3RD BLOCK JAYANAGAR EAST BENGALURU – 560 011 … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1 & R-2;

SRI M.E.NAGESH, ADVOCATE FOR R-3)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 106/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12973/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL), K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034

3. SMT.USHARANI W/O.RAJAGOPALAGOWDA NO.46, 8TH STAGE S.O.S POST BENGALURU – 560 076 …RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1 & R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 107/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12974/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL), K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 BY ITS SECRETARY

2. SRI NAZEER AHAMED S/O.LATE SHAMSHUDDIN NO.6/1, WOOD STREET ASHOK NAGAR BENGALURU – 560 002 …RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1;

SRI M.E. NAGESH, ADVOCATE FOR R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 124/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.12977/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL), K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. RAFIULLA R-2 is deleted vide S/O.RAHAMATHULLA order dated 15.09.2021 NO.3387, 5TH CROSS & R-3 is referred as R-2 GAYATHRINAGAR BENGALURU – 560 021

2. SRI HAFEEZ KHAN S/O. KARIM KHAN NO.35/36, TATA LANE RICHMOND ROAD ASHOK NAGAR BENGALURU – 560 025 …RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1;

SRI M.E.NAGESH, ADVOCATE FOR R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 123/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.13610/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL)

K.H.ROAD, SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. SRI M.KRISHNAMURTHY S/O.LATE MINURAO NO.05, CUBBON PETE BENGALURU – 560 002 …RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1;

SRI M.E.NAGESH, ADVOCATE FOR R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 127/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.13618/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL)

K.H.ROAD, SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034

3. SRI SRINIVASA NAIDU S/O.NARAYANASWAMY NAIDU ANJANI BADAVANE CHINTAMANI CHIKKABALLAPURA - 563 125 … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1 & R-2;

SRI B.R.SUNDARARAJA GUPTA, ADVOCATE FOR R-3)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO.

110/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.13687/2021 BETWEEN KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL)

K.H.ROAD, SHANTHINAGAR BENGALURU – 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX KORAMANGALA BENGALURU – 560 034

3. SRI SYED FAYAZ AHAMED S/O.ABDUL RAZAK SAB CHINNASANDRA VILLAGE BENGALURU ROAD CHINTAMANI - 563 125 … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1 & R-2;

R-3 IS SERVED)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO.

105/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.19107/2021 BETWEEN:

1. D.R.SRINIVASA GOWDA S/O.RAMEGOWDA AGED ABOUT 40 YEARS NO.303, 5TH CROSS MUNIYAPPA LAYOUT K.R.PURAM, BENGALURU - 560 036

2. HAFEEZ KHAN S/O.KAREEM KHAN AGED ABOUT 62 YEARS NO.35/36, TATA LANE RICHMOND ROAD ASHOKNAGAR BENGALURU - 560 025

3. NAZEER AHMED S/O.LATE SHAMSHUDDIN AGED ABOUT 48 YEARS NO.6/1, WOOD STREET ASHOKANAGAR BENGALURU - 560 025

4. M.KRISHNAMURHTY S/O.LATE MUNIRAO AGED ABOUT 58 YEARS NO.5, CUBBONPET BENGALURU - 560 002 5. SMT.HEMAVATHI W/O.R.LAKSHMINARAYAN AGED ABOUT 47 YEARS NO.15, 6TH CROSS LIC COLONY, 3RD BLOCK JAYANAGAR EAST BENGALURU - 560 011

6. R.LAKSHMIRAYAN S/O.RAMRAO AGED ABOUT 58 YEARS NO.15, 6TH CROSS LIC COLONY, 3RD BLOCK JAYANAGAR EAST BENGALURU 560 011 … PETITIONERS (BY SRI M.E.NAGESH, ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU (RURAL)

BDA COMPLEX KORAMANGALA BENGALURU – 560 034

2. KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, K.H.ROAD SHANTHINAGAR BENGALURU – 560 027 BY ITS MANAGING DIRECTOR … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1;

SRI HAREESH BHANDARY T., ADVOCATE FOR C/R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-G) PASSED IN RP.NOS.112/2019, 123/2019, 124/2019, 127/2019, 106/2019 AND 109/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.20295/2021 BETWEEN KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, K.H.ROAD SHANTHINAGAR BENGALURU - 560 027 BY ITS CHIEF LAW OFFICER … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU - 560 034

2. S.N.KONAPPA REDDY SINCE DEAD BY LRS.

(a) SMT. BHAGYALAKSHMI W/O.LATE S.N.KONAPPA REDDY HOUSE NO.1804, ANJANI LAYOUT WARD NO.6, 1st CROSS CHINTAMANI TOWN CHINTAMANI - 563 125 (b) KUM. ANUSHA S.K.

D/O.LATE S.N.KONAPPA REDDY HOUSE NO.1804, ANJANI LAYOUT WARD NO.6, 1st CROSS CHINTAMANI TOWN CHINTAMANI - 563 125 (c) KUM.PRATHYUSHA D/O.LATE S.N.KONAPPA REDDY HOUSE NO.1804, ANJANI LAYOUT WARD NO.6, 1st CROSS CHINTAMANI TOWN CHINTAMANI - 563 125 (d) CHIRANJEEVI MOUNEESH S/O.LATE S.N.KONAPPA REDDY HOUSE NO.1804, ANJANI LAYOUT WARD NO.6, 1st CROSS CHINTAMANI TOWN CHINTAMANI - 563 125

3. SREENIVASA NAIDU S/O.NARAYANA SWAMY NAIDU AGED ABOUT 64 YEARS 'ANNAPOORNESHWARI NILAYA'

ANJANI EXTENSION, CHINTAMANI CHIKBALLAPURA DISTRICT - 563 125 … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.07.2021 (ANNEXURE-A) PASSED IN RP.NO. 108/2010 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.21356/2021 BETWEEN KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL)

K.H.ROAD, SHANTHINAGAR BENGALURU - 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY 2. SMT.GAJALAKSHMI S/O.LATE C.R.NAIDU NO.1078/3, NEAR KEB SARJAPURA ROAD, ATTIBELE BENGALURU – 560 048 …RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 132/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.21609/2021 BETWEEN:

KARNATAKA STATE ROAD TRANSPORT CORPORATION (CENTRAL)

CENTRAL OFFICE, K.H.ROAD SHANTHINAGAR BENGALURU - 560 027 REPRESENTED BY ITS CHIEF LAW OFFICER (ROUTE) … PETITIONER (BY SRI HAREESH BHANDARY T., ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 REP. BY ITS SECRETARY

2. THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034

3. SMT.C.PREMA W/O.A.PRAKASH NO.76, VINAYAKANAGARA HESARAGHATTA BENGALURU – 560 088 … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1 & R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NO. 111/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.23096/2021 BETWEEN:

B.A.MUSHEER AHAMED S/O.K.B.ANWAR BASHA AGED ABOUT 55 YEARS PROP:V.M.MOTORS, NO.7/2 AZEEMA BUILDING

1ST FLOOR KALASIPALYAM BENGALURU … PETITIONER (BY SRI C.MOHAMMED SUBHANULLA SHARIEF, ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 BY ITS SECRETARY

2. KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE KENGAL HANUMANTAIAH ROAD SHANTHINAGAR BENGALURU - 560 027 BY ITS CHIEF LAW OFFICER …RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1;

SRI HAREESH BHANDARY T., ADVOCATE FOR C/R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-D) PASSED IN RP.NO. 119/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.89/2022 BETWEEN:

SMT.USHA RANI W/O.SRI RAJAGOPAL GOWDA S.

AGED ABOUT 53 YEARS R/AT NO.43, II CROSS, II BLOCK VENKATESHWARA LAYOUT BDA MAIN ROAD, 8TH PHASE J.P.NAGAR, BENGALURU … PETITITONER (BY SRI C.V.KUMAR, ADVOCATE)

AND

1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU (RURAL)

BENGALURU BY ITS SECRETARY BDA COMPLEX, KORAMANGALA BENGALURU-560 034

2. KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H.ROAD, SHANTHINAGAR BENGALURU - 560 027 BY ITS MANAGING DIRECTOR … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-G) PASSED IN RP.NO. 107/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.2330/2022 BETWEEN:

1. SRI ANIL KUMAR S/O.LATE NAGARAJ AGED ABOUT 45 YEARS NO.16, 1ST CROSS, A.V.ROAD NEAR KALASIPALYAM BUS STAND BENGALURU – 560 002

2. SRI S.M.MANJUNATH S/O.MUNIYAPPA AGED ABOUT 58 YEARS NO.2, NAGARTHPET SIDLAGHATTA KOLAR – 562 105 … PETITIONERS (BY SRI C.MOHAMMED SUBHANULLA SHARIEF, ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 BY ITS SECRETARY

2. KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE KENGAL HANUMANTHAIAH ROAD SHANTHINAGAR BENGALURU - 560 027 BY ITS MANAGING DIRECTOR … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1;

SRI HAREESH BHANDARY T., ADVOCATE FOR C/R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-F) PASSED IN RP.NOS.104 AND 118 OF 2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.2855/2022 BETWEEN:

H.A.MANJUNATHA PRASANNA S/O.H.P.APPANNACHARI AGED ABOUT 46 YEARS NO.104, ‘C’ BLOCK GOLDEN STAR APARTMENT HOODI, M.D.POST BENGALURU – 560 048 … PETITIONER (BY SRI M.E.NAGESH, ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU (RURAL)

BDA COMPLEX, KORAMANGALA BENGALURU – 560 034 BY ITS SECRETARY

2. KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, K.H.ROAD SHANTHINAGAR BENGALURU - 560 027 BY ITS MANAGING DIRECTOR … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1;

SRI HAREESH BHANDARY T., ADVOCATE FOR C/R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-H) PASSED IN RP.NO. 130/2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

IN WP.NO.4401/2022 BETWEEN:

1. SMT.ARUNA KUMARI W/O.ASHOK KUMAR AGED ABOUT 50 YEARS KUNDANAHALLI VILLAGE HORALAGERE POST MALUR TALUK KOLAR DISTRICT – 563 130

2. ASHOK KUMAR S/O.MUNISWAMY AGED ABOUT 56 YEARS KUNDANAHALLI VILLAGE HORALAGERE POST MALUR TALUK KOLAR DISTRICT – 563 130 … PETITIONERS (BY SRI M.E.NAGESH, ADVOCATE)

AND:

1. THE REGIONAL TRANSPORT AUTHORITY BENGALURU (RURAL)

BDA COMPLEX KORAMANGALA BENGALURU – 560 034 BY ITS SECRETARY

2. KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE K.H.ROAD SHANTHINAGAR BENGALURU - 560 027 BY ITS MANAGING DIRECTOR … RESPONDENTS (BY SRI RAMESH JOIS, AGA FOR R-1;

SRI HAREESH BHANDARY T., ADVOCATE FOR C/R-2)

***

THIS WRIT PETITION IS FILED UNDER ARTCLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.03.2021 (ANNEXURE-A) PASSED IN RP.NOS. 125 & 126 OF 2019 BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BENGALURU AND ETC.

THESE WRIT PETITIONS COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

Petitioner Advocates:B R SUNDARA RAJA GUPTA ,Respondent Advocate:

ORDER

In these writ petitions, one set of petitions are filed by the Karnataka State Road Transport Corporation (for short, 'the Corporation') and the other set of petitions are filed by the holders of stage carriage permit (for short, 'the permit holders').

2. The Corporation and the permit holders have questioned the orders passed by the Karnataka State Transport Appellate Tribunal (for short, 'the tribunal') dated 19.03.2021, 07.04.2021 and 07.07.2021.

3. It is the case of the Corporation that it is the State Transport Undertaking established under Section 3 of the Road Transport Corporation Act, 1950. Chapter VI of the Motor Vehicles Act, 1988 (analogous to Chapter IV-A of the Motor Vehicles Act, 1939) deals with schemes and its effect. The State Government formulated and notified various schemes in the State of Karnataka to provide exclusive right of operation of transport service to the STU on the notified routes and/or areas within the State of Karnataka.

4. It is the contention of Sri Hareesh Bhandary T., learned counsel for the Corporation that as per law, no permit can be granted to a private operator on the notified route/s or area/s. He further contends that as many as 19 schemes are formulated in different regions/areas. Despite prohibition to grant permits to the private operators under various schemes, the Regional Transport Authority (for short 'the RTA') kept on issuing the permissions/permits to the private operators detrimental to the interest of the Corporation and the law prevailing under the scheme. He also contends that the restrictions were imposed under Section 104 of the Motor Vehicles Act, 1988 (for short 'the M.V.Act') in granting the permits in the notified area or the notified routes. The schemes formulated are for exclusive benefits of the Corporation.

4.1 Learned counsel contends that the Corporation preferred a revision petition under Section 90 of the M.V.Act before the tribunal against the decision of the RTA meetings held in granting the renewal of stage carriage permit to private stage carriage permit holders for various areas and the routes. It is further stated that original grant/renewal of permit was challenged by the Corporation in a revision petition before the tribunal and the tribunal has set-aside the grant of renewal of permit issued by the RTA. Against the said order of the tribunal, the writ petitions came to be filed in WP.Nos.26492-493/2018 and this Court remanded the said matter to the RTA to decide the same by considering the Joint Route Survey.

4.2 It is the further contention of learned counsel that there was no jurisdiction for the RTA concerned to consider the application of the respective permit holders to grant renewal of permit. However, the RTA proceeded to pass an order granting renewal of permit. Aggrieved by which, the Corporation preferred a revision petition. Though the tribunal was pleased to set-aside the grant of renewal of permit issued by the RTA, but erroneously passed an order reserving liberty to the permit holders to approach the jurisdictional RTA having territorial jurisdiction to seek for fresh permit/renewal of permit. Aggrieved by this liberty granted by the tribunal, the Corporation is before this Court.

4.3 Learned counsel further contends that the order passed by the tribunal reserving liberty to file a fresh permit/renewal of permit before the competent jurisdictional RTA, is impermissible, not sustainable in law, in facts and circumstances and in all probabilities of the case. He further contends that the renewal of the application emphasises renewal by the same RTA, which originally granted the permit. He further contends that the tribunal having held that the RTA renewing the permits had no jurisdiction, it does not have scope to mould the relief in the nature of reserving liberty to file a fresh application for renewal of permit before the jurisdictional RTA. It is his further contention that this liberty gives scope to the permit holders eithe

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