K. JAYANTH KUMAR Vs. SECRETARY

JUDGEMENT

(1.) These writ petitions relate to the grievance as against the Endorsement dtd. 19/7/2023 issued by the Secretary, Regional Transport Authority, Dakshina Kannada District, Mangaluru [for short, 'the Secretary, RTA'] and the orders of the State Transport Appellate Tribunal [for short, 'the Tribunal'] on 15/11/2022 in Appeal No.146/2022. The petitioner in W.P.No.16300/2023 is aggrieved by the Endorsement dtd. 19/7/2023 and the other petitioners viz., the petitioners in W.P.No.17082/2023 and W.P.No.17045/2023 are aggrieved by the Tribunal's order dtd. 15/11/2022, and their grievance extends to the second respondent's earlier Endorsement dtd. 15/12/2022.

(2.) The facts that would be essential for decisions in these writ petitions could be captured thus. The petitioner in W.P.No.16300/2023 has the advantage of a stage carriage permit in No.23/SK/76- 77 to operate from Kateel to Mangaluru via Bajpe as per certain timings, and he has applied with the Secretary, RTA on 21/9/2022 mentioning a particular route and requesting for 'Mofussil - City Bus Route Number'. The Secretary, RTA has rejected this application by the Endorsement dtd. 13/10/2022. The writ petitioner in W.P.No.16300/2023 has challenged this Endorsement dtd. 13/10/2022 in Appeal No.146/2022 before the Tribunal, and the appeal stands disposed of by the impugned order dtd. 15/11/2022.

(3.) The Tribunal, while disposing of this appeal in No.146/2022, has remanded the consideration of the petitioner's application for issue of 'Moffusil - City Bus Route Number' observing that the Secretary, RTA shall consider the same in accordance with law within a period of thirty days. It is after this order that the Endorsement dtd. 15/12/2022 is issued. The Coastal Zone Bus Owners Federation, Mangaluru, with the issuance of this Endorsement, has filed a memorandum with the Secretary, RTA, Mangaluru, D.K. prompting the issuance of this impugned Endorsement dtd. 19/7/2023. These circumstances demonstrate that the Secretary, RTA has disposed of the application by the petitioner in W.P.No.16300/2023 in issuing the Endorsement dtd. 15/12/2022 assigning route No.45A, but by the subsequent and impugned Endorsement dtd. 19/7/2023 has withdrawn the same allotting New Route No.66.