Karnataka High Court
The Karnataka State Road Transport ... vs The Regional Transport Authority on 3 September, 2024
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WA No. 368 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT APPEAL NO. 368 OF 2019 (MV)
BETWEEN:
THE KARNATAKA STATE ROAD
TRANSPORT CORPORATION,
K.H.ROAD, SHANTHINAGAR,
BANGALORE-560 027
BY ITS MANAGING DIRECTOR
NOW REPRESENTED BY ITS
CHIEF LAW OFFICER.
...APPELLANT
(BY SRI. HAREESH BHANDARY T., ADVOCATE)
AND:
1. THE REGIONAL TRANSPORT AUTHORITY,
BENGALURU RURAL,
B.D.A. COMPLEX, KORAMANGALA,
Digitally
signed by BENGALURU-560 034
NANDINI D
Location: High
BY ITS SECRETARY.
Court of
Karnataka
2. SMT.MEENAKUMAR @ MEENA
W/O LATE SRI.G.MADANAMOHANA REDDY
AGED ABOUT 45 YEARS
GUNJUR POST, VURTHUR HOBLI,
BENGALUR DISTRICT,
BENGALURU-560 087.
[RESPONDENT NO.2 INCORPORATED VIDE
COURT ORDER DATED: 23.05.2023.]
...RESPONDENTS
(BY SRI. SMT. NAMITHA MAHESH, AGA FOR R1,
SRI. B.R.SUNDARAJA GUPTA, ADV. FOR R2.)
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WA No. 368 of 2019
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL BY
SETTING ASIDE THE ORDER PASSED BY THE LEARNED SINGLE
JUDGE DATED 23/8/2018 IN WP 33785/2018 [MV]
CONSEQUENTLY REJECT THE WRIT PETITION ON ITS
ENTIRETY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN
and
HON'BLE MR JUSTICE G BASAVARAJA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)
Heard the learned counsel appearing on either side.
2. The learned counsel appearing for respondent
No.2 submits that the subject matter of this Writ Appeal
was only the renewal of an existing permit and the said
permit had expired in the year 2023 and thereafter there
has been no further attempt to renew the permit by
respondent No.2. As such, nothing survives for
consideration in this Writ Appeal, it is submitted.
3. Learned counsel appearing for appellant-
Karnataka State Road Transport Corporation, on the other
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hand, submits that the issue is with regard to grant of
permit on covered routes. It is submitted that by
judgment dated 06.06.2001 passed in
W.P.No.33285/2005, this Court had set aside the grant of
permit to respondent No.2 in the year 1994 and had
directed for reconsideration of the grant in the light of the
schemes and exclusions contained therein. It is submitted
that the question of grant had never been considered
thereafter by the Regional Transport Authority and all that
was done was renewal of permit from time to time without
considering the question of grant. It is therefore
contended that even though the permit is lapsed,
respondent No.2 may seek restoration of the permit after
this appeal is disposed of on the ground that the question
with regard to grant has not been considered by the
Regional Transport Authority till date.
4. Learned counsel appearing for respondent No.2
submits that respondent No.2 does not intend to seek any
restoration of the permit which is already lapsed and that
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the appeal may therefore be closed for having become
infructuous.
5. Having considered the contentions advanced on
either side, we are of the opinion that in the light of the
submission of respondent No.2 that respondent No.2 does
not intend to seek any restoration or further renewal of
the permit since the question of grant has not been
considered by the Regional Transport Authority, nothing
further survives for consideration in this Writ Appeal. The
appeal is therefore closed. However, it is made clear that
respondent No.2 will have no right to claim any restoration
of renewal of the permit in question and any such request
will be liable to be summarily rejected by the Regional
Transport Authority.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(G BASAVARAJA)
JUDGE
SSD
