H V SRINIVASA MURTHY Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) This petition under Art.227 of the Constitution, is directed against the order of the Karnataka State Transport Appellate Tribunal, Bangalore by which it has set aside the permit of the petitioner on route Masur to Shimoga and affirmed the grant of permit of respondent 3 on route Shimoga to Masur.

(2.) The petitioner and respondent 3 are stage carriage operators. Before the Regional Transport Authority, Shimoga, the petitioner applied for a permit from Masur to Shimoga. Respondent 3 applied for a permit from Shimoga to Masur. The total distance between Shimoga to Masur or vice versa is 42 miles, out of which an extent to 3 miles 6 furlongs lies within the jurisdiction of the RTA, Dharwar. The RTA, Shimoga, after considering the said applications, granted permits to both; as prayed for by them.

(3.) Several rival operators who objected to the grant of those permits, appealed to the Karnataka State Transport Appellate Tribunal. The Tribunal has set aside the permit granted to the petitioner on the ground that there was no need from Masur to Shimoga.. It has upheld the grant made to Respondent 3 on the ground that there was need for a permit on route Shimoga to Masur.