SHARMA D P Vs. KARNATAKA STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) In all these five petitions, the petitioner is the same. He has made five applications for grant of five stage carriage permits on the five routes.

(2.) Two applications were filed on 16-5-1957 for grant of two stage carriage permits on the two inter-State routes i.e. Anchetty to Bangalore and Bangalore to Gumlapura. These two applications were published under Sec. 57 of The Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act' ) ; the objections were also filed by the Karnataka Road Transport Corporation (for short KSRTC) and Anna Transport Corporation of Tamilnadu (for short Anna Corporation) and other objectors. These two applications were considered by the Karnataka State Transport Authority (for short KSTA) in subject Nos. 256 and 257 of 1977, on 3/4-10-1977. The KSTA has rejected these two applications on the preliminary ground as per the reasons stated therein. Against this resolution, the petitioner filed Appeals 952 and 953 of 1977 before the Karnataka State Transport Appellate Tribunal (for short KSTAT). The KSTAT has also rejected the appeals on 20th February, 1979 not on merits but on the ground that the routes applied for overlap the routes included in the draft scheme of the Anna Corporation published on 9-11-1977 and as such having regard to the provisions contained in Section 68F (1D) of the Act no permit can be granted on the inter- State routes applied for by the petitioner. Writ petitions 3489 and 3490 of 1979 are filed against the aforesaid order of the KSTAT.

(3.) During the pendency of the aforesaid petitions, on 2-7-1979, the petitioners made three applications before the KSTA for grant of stage carriage permits on three routes, viz., (i) Bangalore to Thali (ii) Bangalore to Berike and (iii) Bangalore to Bagalur. These applications were published in accordance with Section 57 of the Act. The KSRTC, Anna Corporation and other objectors filed their objections These three applications were considered by the KSTA in subject Nos. 178, 179 and 180 of 1981. By the resolution dated 26/28-11-1981, the KSTA has rejected the applications on the prelimi- nary objection raised by the objectors that having regard to the fact that the routes applied for by the petitioner overlap the routes included in the draft scheme of Anna Corporation, therefore the same cannot be granted having regard to the bar contained in Section 68F (1D) of the Act. Writ petitions 3496 to 3498 of 1982 are filed challenging the aforesaid resolutions.