B R MOHAN Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) These writ petitions are disposed of by this common order since they involve common question of law and fact as to whether on the facts of the case, permit could be granted by the first Respondent - Regional Transport Authority to operate state carriages in a notified route under the BTS scheme and as to whether they are saved by the amendment of the scheme.

(2.) It is unnecessary to narrate the facts in detail of all the writ petitions and it would be sufficient if the facts in W.P. No. 17700/2006 are referred to as the facts in other cases are also similar to W.P. No. 17700/2006 and the question of law involved is also identical.

(3.) W.P. No. 17700/2006 is filed by the stage carriage operator averring that he filed an application on 16.12.1999 for grant of fresh Stage Carriage Permit for the route Bangalore to Tumkur and back via the places mentioned in the application. The said application was considered by the first Respondent - Regional Transport Authority (RTA) in its meeting held on 08.08.2001 vide subject No. 81/2001-2002 and Stage Carriage Permit was granted as prayed for in the application. At the time of consideration, the second Respondent - Karnataka State Road Transport Corporation (KSRTC) raised a specific objection stating that the proposed route overlaps the notified route under the BTS, Bangalore and Shimoga Scheme. The said objection was overruled by the first Respondent - RTA since the proposed route does not traverse on any monopoly routes mentioned above and in fact, it traversed only on the interior portion of the village i.e., other than the monopoly route, where the second Respondent has not been operating any service on the route in question and accordingly, the first Respondent granted the permit as per Annexure 'A' to the writ petition on 08.08.2001. Being aggrieved by the said order, the KSRTC preferred R.P. No. 543/2002 before the Karnataka State Transport Appellate Tribunal (hereinafter referred to as 'the Tribunal') Bangalore, challenging the grant of permit in favour of the Petitioner herein.