S.A. WAHAB Vs. KARNATAKA STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) Whether the petitioner is entitled for grant of countersignatures by the Karnataka State Transport Authority to the two permits granted to him in the State of Kerala is the question that arises for determination in these writ petitions.

(2.) I have heard the learned counsel appearing for the parties and perused the impugned order dated 03.11.2012 (Annexure-V) passed by the Karnataka State Transport Appellate Tribunal, Bangalore.

(3.) Facts in brief: The petitioner was granted Stage Carriage Permits bearing No.43/STA/86 and No.44/STA/86 for the two routes namely Thalangara to Mangalore & Parasinakadavu to Mangalore respectively. It is not in dispute that the aforesaid permits relating to the two routes were operative till 04.08.2009 & 15.10.2009 respectively. The petitioner applied for renewal of the said permits before the Kerala State Transport Authority. The Kerala State Transport Authority renewed both the permits for a period of five years; from 05.08.2009 to 04.08.2014 in respect of permit No.43 and from 16.10.2009 to 15.10.2014 in respect of permit No.44. When the said permits were submitted to the Karnataka State Transport Authority for countersignatures, the Karnataka State Transport Authority refused to countersign the same as per the two separate orders dated 11.11.2011 produced as Annexures-R & S. Being aggrieved, the petitioner carried the matter in appeal to the Karnataka State Transport Appellate Tribunal in Appeal Nos.1147 & 1148/2011. The Tribunal, by the impugned order dated 03.11.2012 (Annexure-V) dismissed the said appeals and upheld the rejection on the ground that the aforesaid inter-state routes are not specified in any of the reciprocal agreements between Karnataka and Kerala or in any of the notifications dated 21.05.1963, 29.06.1976 and 26.06.1976 which are produced as Annexures B, K2 & K3 respectively. Consequently, it also dismissed the petitioner's Revision Petitions in R.P.Nos.705 & 706 of 2011 by holding that the petitioner is not entitled for the benefit of single point tax in the absence of renewal of the permits.