R MAHESHWARI Vs. KARNATAKA STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE petitioner has a permit bearing No. 33/64 authorising the petitioner to operate on the route tirupathi to Bangalore and back performing one round trip per day countersigned by the state transport authority, Bangalore on single point tax and petitioner was a saved operator under kolar pocket scheme. Petitioner sought for variation of the condition of the permit by way of grant of one more round trip with inclusion of one more vehicle. The said variation was granted by the state transport authority, Andhra Pradesh (for short 'sta, ap') under item No. 6, dated 24-3-1984. The secretary of the sta, ap directed to fix the timings in view of the order of the sta, ap allowing variation timings were fixed on 24-6-1984. The said variation was also endorsed in the permit with effect from 3-7-1984 subject to the condition that the petitioner obtained the counter-signature from the ksta, Bangalore on double point tax. The permit was originally valid upto 15-5-1987 and the permit was renewed with the variation upto 15-5-1992. Thereafter, it was renewed upto 15-5-1997. The sta, ap under Rule 174 (1) of the rules replaced the permits under sub-section (4) of Section 80 issuing bifurcation of permits as 33/64-a and 33/64-b pursuant to the order passed by the sta, ap under order bearing No. 35454/b1/95, dated 21-10-1995. The permit is now renewed from 16-5-1997 to 15-5-2002 and the same was countersigned by the sta, Karnataka on single point tax and permit no. 33/64-b was countersigned by the sta, Karnataka on an application filed by the petitioner for grant of counter-signature valid upto 15-5-2002 under subject No. 601/98, dated 5-3-1999, dated 16-4- 1999 on double point tax. The resolution order is at annexure-a. It is submitted by the petitioner that pursuant signature was endorsed in the permit with effect from 26-5-1999.

(2.) RESPONDENTS 3 to 6 filed writ petitions before this Hon'ble court in W. P. nos. 16763 to 16765 of 1999 and W. P. No. 29754 of 1999 questioning the grant of counter-signature in favour of the petitioner. All the petitions were dismissed by this Hon'ble court with a direction to avail the alternative remedy. An interim order was ordered to be applicable to the petitioner.

(3.) RESPONDENTS 4 to 6 preferred writ appeals in w. a. nos. 4813 to 4815 of 1999, they were dismissed by the appellate court as well. Thereafter, respondent 3 preferred r. p. No. 1420 of 1999 and respondents 4 to 6 filed r. p. nos. 965 to 967 of 1999.