LIYAKATH Vs. SECRETARY KARNATAKA STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) Though the petition is listed in the category of hearing on applications in view of the application filed seeking for direction, the consideration of the application would amount to disposal of the petition itself, hence with the consent of the learned Counsel, the petition is taken up for disposal.

(2.) The brief facts to be noticed before considering the application for direction is that the petitioners are before this Court assailing the order dated 11-6-2009 passed by the Karnataka State Transport Appellate Tribunal. By the said order, the Tribunal has dismissed the Appeal Nos. 66 and 67 of 2009 filed by the petitioners herein. THE petitioners claiming to be aggrieved by the order of the Transport Authority rejecting the request for renewal of the Stage Carriage permit which was valid upto 8-1-2009 were before the Tribunal. THE request for renewal was rejected primarily on the ground that in respect of a portion of the route which fell in the State of Tamil Nadu, the same was in issue before the High Court of Judicature at Madras in the writ petitions filed by certain of the operators in that area. THE authority had also noticed certain reasons with regard to the migration of the vehicle and non-production of the documents.

(3.) Hence without expressing any opinion on the merits of the contentions which have been raised in this petition since the petitioner has now limited his claim only to those portions lying within the Kamataka and in that regard consideration would have to be made by respondent 4, the petition itself is disposed of. Consequently, the application in Misc. No. 4034 of 2010 is allowed and a direction is issued to the respondents to consider and dispose of the applications at Annexures-V and W on its merits and in accordance with law after providing opportunity to the petitioners. Considering that the issue relating to the renewal of the permit of the petitioner has been pending for quite some time, the respondent shall consider and dispose of the applications as expeditiously as possible but not later than the outer limit of two months from the date of the production of certified copy of this order. While disposing of the application the respondent/authority shall also take note of the similar circumstances under which the Tribunal had considered the provisions under Section 86(l)(c) of the Motor Vehicles Act, 1988 in Appeal No. 11 of 2007. In terms of the above, the petition stands disposed of. No order as to costs. Order accordingly.