HANUMAN TRANSPORT CO LTD Vs. R T A

JUDGEMENT

(1.) In this Petition under Articles 226 and 227 of the Constitution, the petitioners have sought for quashing the resolution of the Regional Transport Authority, Dakshina Kannada dated 20-10-1984 passed in Subject No. 515/84-85 produced as Annexure C granting a temporary permit to the second respondent on the Route Mangalore to Kollur via Moodabidri, Karkala, Ajekar, Mudrady, Hebry, Belange, Halady, S. Narayana, Arnpar, Vandse and back and also to quash the temporary permit issued consequent thereto and produced as Annexure-D.

(2.) Regional Transport Authority, D.K., by its resolution dated 21-4-1984 passed in Sub. Nos. 16,11,22,19,18,15,26 and 23/84-85 has made a determination under Section 47(3) of the Motor Vehicles Act, 1939 (hereinafter referred as the Act) in respect of 9 routes. The route in question is one of them. That resolution has been challenged by the petitioners in Revision Petitions 153 to 160/1984 before the K.S.T.A.T. There was an interim order passed by the K.S.T.A.T., on 16 7-84 restraining the R.T.A., D.K., from considering the applications to be received by it in response to the notification under Section 57(2) of the Act, already published by the R.T.A., in the Karnataka Gazette dated 28-6-1984 at pages 2235 and 2236 of Part IX.A in respect of the routes mentioned in the aforesaid resolution challenged in the aforesaid Revision Petitions. Revision Petition No. 154/84 related to the determination made in respect of the route in question viz., Mangalore to Kollur. The second respondent and 17 others had filed applications for grant of pucca permit in respect of the route in question even before the interim order in the aforesaid terms was passed by the K.S.T. A.T., in the aforesaid Revision Petitions. In view of the aforesaid interim order passed by the Appellate Tribunal those applications could not be considered.

(3.) In this situation the second respondent has filed an application for grant of a temporary permit in respect of the route in question. The first respondent has granted the same as per the resolution produced as Annexure-C and issued temporary permit as per Annexure-D for a period from 2-11-1984 to 29-2-1985 or till the pucca permit is issued, whichever is earlier.