SHIVANAGOUDA Vs. REGIONAL TRANSPORT AUTHORITY GADAG REGION GADAG

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner who was an existing operator under the permit in question which was dated 25-1-1995 has filed this writ petition praying to quash Annexure-E judgment dated may 3, 2000 of the karnataka state transport appellate tribunal ('tribunal' for short) made in a. No. 273 of 2000 rejecting his appeal against the resolution dated 16-3-2000 of respondent 1-rta by which his application dated 25-1-2000 made under sections 81 and 87 of the Motor Vehicles Act, 1988 for renewal of his permit with respect to his stage carriage had been rejected.

(3.) IT is not in dispute that petitioner was operating his stage carriage on the route from gadag to ranebennur in erstwhile dharwad district area which presently falls in the new district of gadag, under a permit which was valid upto 5-4-2000. Therefore, said application was made by him before the competent authority-rta for renewal of said permit. His application was turned down by r1's resolution at Annexure-D dated 16-3-2000 on the ground that the route on which the petitioner's stage carriage was operating was found to be overlapping in the existing scheme covering the area. Aggrieved by that decision of rta per Annexure-D , the petitioner preferred an appeal before the tribunal in appeal No. 273 of 2000 on the ground, inter alia, before adverse decision as per Annexure-D was taken by respondent 1-rta, no opportunity of hearing was given to him as contemplated by second proviso to subclause (b) of Section 81 (4) of the act which reads.