J R ZAFRULLA KHAN Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) SMT. Nagashree, learned Government Pleader to accept notice for the respondents 1 and 2 and file memo of appearance within a period of four weeks. Considering the nature of disposal of this petition, notice to respondents 3 and 4 is not necessary. The petitioner is before this Court assailing the order, dated 15-10-2009 passed in R.P. Nos. 557 of 2007 and 1237 of 2007. The petitioner herein was the second respondent in the said proceedings. The stage carnage permit issued in favour of the petitioner herein was called in question before the Tribunal. The Tribunal, after accepting the contentions of the petitioner before the Tribunal that no joint survey of the route had been conducted and the RTA without obtaining the route survey had granted the stage carriage permit, has set aside the permit granted in favour of the petitioner.

(2.) IN that view, the Tribunal has remitted the matter to the RTA, Davanagere to conduct the route survey within a period of 60 days therein. Though the petitioner attempts to assail the said order, it is see. that the Tribunal after considering these aspects of the matter has remitted the matter and in any event, in a matter of this nature where the petitioner had made out a grievance before the Tribunal that there is overlapping of routes, the appropriate course is to have the joint route survey. Therefore, the Tribunal was justified in doing so.

(3.) AT this stage, learned Counsel for the petitioner seeks liberty to file an application seeking modification of the stage carriage permit. It is needless to mention that if it is open to the petitioner to do so in law, he may exercise the liberty to do so.