N BASAVAPPA Vs. MYSORE REVENUE APPELLATE TRIBUNAL

JUDGEMENT

(1.) In WP. No.4448/70, the petitioner had applied to the RTA, Shimoga for grant of a stage carriage permit on the route from Kumsi to Shimoga and back. The RTA granted the permit on 10-5-1968. The route passes through a road section of 21 miles from Basavapatna cross to Honnali. Some of the objectors filed appeals against the grant in favour of the petitioner. By its judgment dt. 2nd December 1969 the MSTAT allowed all the appeals and set aside the grant made in favour of the petitioner. The petitioner preferred the appeal in No.688/69(MV) against the judgment of the MSTAT which was also dismissed.

(2.) In WP.107/ 1971, the petitioners applied to the RTA, Shimoga for the grant of a stage carriage permit from Nandigudi to Bhadravathi. The RTA granted the permit on 12/12/1967. Some of the objectors filed appeals challenging the grant made to the petitioners, the MSTAT allowed the appeals and cancelled the permit on the ground that a portion of the route from. Honnali to Basavapatna cross, for a distance of about 2 miles overlaps the notified route under the Shimoga Scheme. The petitioners filed appeal No.1252169 (MV) before the Mysore Revenue Appellate Tribunal which appeal was dismissed.

(3.) In WP.1349/1972, the petitioner was the holder of a stage carriage permit on the route from Shimasamudra to Srirampura and back. He filed an application for variation of the permit by way of an extension upto Tiptur from Sriramapura. The RTA rejected the said application on 22-11-1968 for extension of the route from Sriramapura to Tiptur. Against that order, 'the petitioner preferred an appeal to the MSTAT. The MSTAT allowed the appeal and granted the variation sought for. Appeals were filed against the order of the MSTAT to the Mysore Revenue Appellate Tribunal which allowed the appeals and confirmed the order of the RTA on the ground that a portion of the proposed extension of the route overlaps the notified route of the Shimoga Packet Scheme viz., Shattikere cross to Tiptur.