PETER D'SOUZA AND JUNIFER C. ALVARIS Vs. SECRETARY, K. PRAVEEN, P.H. MOHAMMED AND THE SECRETARY, REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) 1st petitioner is the holder of Stage Carriage Permit for the route State Bank to Ullal and back via Jyothi, Thokkottu for 8 RTS. 2nd petitioner is the holder of City Stage Carriage Permit for the route State Bank to Ullal. 2nd respondent is the holder of a Stage Carriage Permit No. 6/2004 -05 for the route Moodshedde to Devipura and Back and Moodshedde to Kankanady and back, such as an enclave route passing for some distance in the Kerala State which was granted by the STA., during 2004 and was renewed on 28.5.2009.

(2.) THE 2nd respondent had filed R.P. 497/2009 before the Karnataka State Transport Appellate Tribunal in the name of the 3rd respondent. It was contended therein that the route has to be restricted to the State Border because the permit renewed was an inter -state permit and a memo dated 5.9.2009 as at Annexure -A was filed in the matter of curtailing the route lying in the Kerala State to operate as an intra state route modifying the inter state route. Acting on the said memo, the revision petition was allowed and the impugned order insofar it relates to the permit on enclave portion in Kerala State was set aside and it was ordered that the 2nd respondent in the revision petition shall operate and confined to the route excluding the enclave portion lying in the Kerala State. The Secretary, KSTA., Bangalore was directed to send the records relating to permit No. 6/04 -05 valid up to 5.8.2014 to the Secretary, RTA, Dakshina Kannada, Mangalore for necessary action and the joint memo filed by the parties was ordered to be part and parcel of the order.

(3.) THESE petitions have been filed to quash the order passed by the Tribunal in R.P. 497/2009 dated 5.9.2009 as at Annexure -B and to direct the 2nd respondent not to operate the service as a city service.