Y R RAJU Vs. MYSORE REVENUE APPELLATE TRIBUNAL

JUDGEMENT

(1.) These two petitions under Arts. 226 and 227 of the Constitution arise out of the common order d/14th Sep 1972 made in Appeal 189 of 1970 (MV) on the file of the Karnataka Revenue Appellate, Tribunal, Bangalore.

(2.) The facts leading up to these petitions are these Respondents 4 & 5 jointly filed an application on 28th March, 1963, before the Regional Transport Authority, Bangalore for a permit to operate, a stage carriage on the route Kalmangala to Bangalore, and back. The said application was published in the Gazette inviting representation from the public. Among those who. filed the representations opposing the grant of permit was one Y.K.Rudrappa, father of the petitioner in WP.2496 of 1972. The petitioner in WP.2497 of 1972 also filed his representation. The RTA, after considering the representations, refused to grant the permit to the applicants b by its Resolution d/10th Dec, 1965. The RTA was of the opinion that there was no need for the grant of permit and the applicants being new entrants were also not entitled for it. The applicants took up the matter in an appeal before the Karnataka State Transport Appellte Tribunal. The Tribunal dismissed the appeal while affirming the said findings recorded by the RTA. Thereupon the applicants preferred a second appeal before the KRAT, Bangalore In the said appeal, Y.K.Rudrappa was impleadad as respondent 11 and the petitioner in WF.2497 of 1972 as respondent

(3.) Both of them were duly served with the notices of the appeal on or about the 22nd Nov, 1968. On 6th April, 1969, during the pendency of the appeal, Rudrappa died. On 6th Sep, 1972 the appellants therein filed an application praying for delating the name of Rudrappa and that prayer was immediately granted by the Tribunal. The appeal was thereafter heard on merits without bringing on record the legal representatives of the deceased Rudrappa. On 14th Sep, 1972 the Tribunal allowed the appeal and granted the permit to operate a stage carriage on the proposed route from Kelamangala to Bangalore via Dankanikota, Thali, Madhugondanaballi, Kalakondanahalli, Bylagondanahalli, Modahalli, Poonahalli border, Sammandur, Anekal, Bagadadenahalli, Iggalur, Chandapur, Madiwala. The grant was subject to the condition that the operators should not pick up or set down passengers on the monopoly route operated by tha State Road Transport Corporation. WP.2496 of 1972 has now been brought by the son of Rudrappa, challenging the validity of the permit on the main ground that he has succeeded to the interests of his father; that he was a necessary party to the appeal before the Tribunal and the permit granted by the Tribunal without notice to, him was illegal and without authority of law. WP.2497 of 1972 has been preferred on the contention, among others, that there was no need for the grant of the permit.