BANIJAN W/O LATE KAREEM KHAN Vs. N. SRINIVASA NAIDU, KARNATAKA STATE ROAD TRANSPORT CORPORATION, PRESIDING OFFICER KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL AND REGIONAL TRANSPORT AUTHORITY REPRESENTED BY ITS SECRETARY REGIONAL TRANSPORT OFFI

JUDGEMENT

(1.) PETITIONER has sought for to quash the order of the 2n Respondent -Appellate Tribunal in Revision Petition Nos. 17/2007, 18/2007, 126/2007 and 127/2007 dated 5.4.2007 at Annexure 'N' and for such other relief.

(2.) ACCORDING to the Petitioner, she was operating the vehicle with a permit even prior to the BTS scheme came into force during 31.05.2007 and on such remand of the matter regarding the variation and overlapping, the RTA, Bangalore Rural has renewed the permit of the Petitioner which was challenged by the 1st Respondent before the Appellate Tribunal. The Appellate Tribunal has set aside the renewal granted to the Petitioner en 05.04.2007 as per Annexure 'N' on the ground that it comes under the BTS scheme.

(3.) IT is the argument of the learned Counsel for the Petitioner that, she is operating the vehicle in question under the permit granted to her even prior to BTS scheme came into force, as such, she has to be treated as a saved operator as per the decision rendered in the case of Gajraj Singh etc. Vs. The State Transport Appellate Tribunal and others etc., (1996) 7 AD SC 490 . Except variation of timings, the order of Tribunal is bad in law, in so far as cancellation of the renewal granted by the RTA, since she comes under the category of saved operator.