M. KRISHNA MURTHY S/O LATE SRI N MUNI RAO, SRI M. PRAKASHA RAO S/O LATE SRI N. MUNI RAO Vs. THE KARNATAKA STATE TRANSPORT AUTHORITY MULTISTOREYED BUILDINGS DR.AMBEDKAR VEEDHI BANGALORE 560 001 BY ITS SECRETARY, THE TAMIL NADU STATE TRANSPORT COR

JUDGEMENT

(1.) BEING aggrieved by the order passed in W.P. No. 15748/2005 dated 8th March 2007 these appeals are preferred by the appellants. Heard the Learned Counsel for the appellants and Learned Counsel for the respondents.

(2.) THE facts leading to these appeals are as hereunder: The appellants are operating a Stage Carriage. They made an application for grant of variation, curtailing certain extant of route and to operate the Stage Carriage on the variation route. The Karnataka State Transport Authority granted variation by curtailing the route by its Resolution dated 30th March 1998. The order of variations was questioned by the respondent - Corporation by filing appeal before the Karnataka State Transport Appellate Tribunal in Appeal No. 574 to 581 of 2005. These appeals came to be allowed on 26th May 2005 on the ground that no variation can be granted to a Stage Carriage permit on a overlapping area of the notified route. This order was questioned by the appellants before the learned Single Judge. The learned Single Judge allowed the writ petition in part and remanded the matter to the Karnataka State Transport Authority for fresh consideration in accordance with law. Therefore, these appeals are preferred.

(3.) PER contra, Mr. Nagaraj, Learned Counsel for the Corporation contends that without condonation, the appeal could not have been disposed of by the STA and he further submits that when the learned Single Judge has remanded the matter to the Transport Authority, which can grant variation the appellants are no way prejudiced and therefore, he requests the Court to dismiss these appeals.