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2026 Supreme(Online)(Kar) 9370

THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
MR. M. NAWAZ BASHA – Appellant
Versus
THE KARNATAKA STATE TRANSPORT AUTHORITY – Respondent
WP 5708/2026



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 5708 OF 2026 (MV)

BETWEEN:

MR. M. NAWAZ BASHA S/O LATE AKBAR SAHEB AGED 53 YEARS, FLAT NO. 15-16, CTM ROAD, MADANAPALLE ANNAMMAYYA DISTRICT, ANDHRA PRADESH, PIN 517325 …PETITIONER (BY SRI. C V KUMAR.,ADVOCATE)

AND:

1. THE KARNATAKA STATE TRANSPORT AUTHORITY BMTC-TTMC BUILDING, KH ROAD, SHANTI NAGAR, BANGALORE 560027 Digitally signed by

2. THE SECRETARY, MAHALAKSHMI B M KARNATAKA STATE TRANSPORT AUTHORITY, Location: HIGH COURT OF BMTC-TTMC BUILDING, KARNATAKA KH ROAD, SHANTHI NAGAR, BANGALORE 560027

3. K. ANANTHA RAJU AND CO.

REPRESENTED BY MANAGING PARTNER, SRI K.A RAMAKRISHNA RAJU, S/O LATE ANANTHA RAJU, AGED ABOUT 62 YEARS, SRI MADHUSUDHAN MOTORS, GULPET, KOLAR 563101 …RESPONDENTS (BY SMT. RASHMI RAO., HCGP FOR R1 & R2;

SRI. A.S. PRASANNA KUMAR., ADVOCATE FOR C/R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO QUASH THE ORDER OF THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL, BANGALORE DATED 17/12/2025 MADE IN REVISION PETITION NO.156/2022 (ANNEXURE-E) AND ETC.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Learned HCGP accepts notice for respondents Nos.1 and 2.

2. The petitioner aggrieved by the order of the Karnataka State Transport Appellate Tribunal (hereinafter referred to as “Tribunal” for short), condoning the delay of 668 days in filing the Revision Petition No.156 of 2022 has preferred this writ petition.

3. Heard the learned counsel appearing for the petitioner and learned counsel appearing for the caveator-

respondent No.3.

4. Permit No.8/1967 for the inter State Interstate route Kadapa – Bangalore was originally held by M/s Venkateshwara Transport, a Partnership Firm, of which the petitioner was the Managing Director. The permit permitted operation of one round trip with one vehicle and there existed vacancy for an additional round trip under the intestate agreement between the States of Karnataka and Andhra Pradesh.

5. The said firm applied for variation of permit conditions seeking permission for an additional round trip with an additional vehicle within the scope of interstate agreement. The Andhra Pradesh Transport Authority by order dated 24.04.2013 granted the variation. Pursuant thereto, the Karnataka State Transport Authority granted counter signature on 19.06.2013.

6. Aggrieved by the grant of counter signature, rival operators, including the predecessor of respondent No.3 filed RP No.414 of 2013 and connected matters before the Tribunal. The Tribunal by order dated 23.03.2016 and 24.03.2016 allowed the revision petitions and set aside the counter signature granted by the Karnataka State Transport Authority.

7. The permit holder challenged the said orders before this Court in WP No.18997-19001 of 2016 against the orders dated 23.03.2016 and 24.03.2016. This Court by order dated 13.03.2019 set aside the orders of the Tribunal and held at paragraph No.5 as under;

"5. For the foregoing reasons the Writ Petitions stand disposed of setting aside the impugned order at Annexures-E and F dated 23/3/2016 and 24/3/2016 respectively. The proceedings are restored to the file of the respondent no.1 Karnataka state transport authority, Bengaluru, to consider the petitioner's application for renewal of stage carriage permit in accordance with law."

8. Pursuant to the said direction, the Karnataka State Transport Authority by order dated 02.02.2021 restored the counter signature of the permit, holding that the permit was in operation as on 18.12.2014.

9. Respondent No.3 thereafter filed RP No.156 of 2022 challenging the order dated 02.02.2021, along with an application seeking condonation of delay of 668 days in filing the Revision Petition. The petitioner filed

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