K S R T C Vs. VASTHANNA

JUDGEMENT

(1.) BY this Petition, the petitioner has prayed for a direction in the nature of Writ of Certiorari, for quashing the Resolution Annexure-A dated 27.12.1993 annexed to the Writ Petition. In relief Clause-2, the date has been wrongly given as 8.3.1993. The correct date of Annexure-A as appears from Annexure-A is 27.12.1993. This fact that 8.3.1993 mentioned in the relief clause in the Writ Petition is a typographical error stands fortified from the fact that in the interim relief clause, the date of Annexure-A is mentioned as 27.12.1993 as is given in Annexure-I.

(2.) THAT as per, Annexure-A, the Regional Transport Authority (RTA) in its Meeting dated 27.12.1993 considered the application of R-1 for grant of permit to run the mini bus in Bellary City on the route mentioned in OPD-CB, Bellary-Mothi Circle, Vaddarabande, Sangam Circle, Gadagichannappa Circle, Durgamma Temple, Havambhavi (up and down) for 10 trips per day, on trial basis and has further directed the Secretary to conduct the timing meeting with KSRTC authorities, Bellary, before issue of permit. Feeling aggrieved by the above order of granting permit, this Petition has been filed.

(3.) THE learned Counsel for the petitioner submitted that though remedy is provided under the Act vide Section 90 by way of the revision but here is a case where the permit could not be granted as the route in respect of which permit has been granted to run mini-bus i.e., on the route in question is part of nationalised route and is covered by Bellary Approved Scheme, as such in view of Section 104 of the Act the order is without jurisdiction and so the Petition need not be thrown or dismissed on the ground of alternative remedy. In support of his contention the learned Counsel for the petitioner placed reliance on the Single Judge Decision of this Court in Writ Petition Nos. 23697 to 23704/1992 and other connected cases decided by Judgment dated 18.11.1992 KSRTC v. State and Ors. THE learned Counsel further made a reference to the Division Bench Decision of this Court in Writ Appeal Nos.2388 and 2389 of 1992 decided on 2.12.1993 Kalaivani Ammal v. KSRTC. He invited my attention to another Single Judge Decision of this Court in the case of KSRTC v. REGIONAL TRANSPORT AUTHORITY, 1985 KLJ 199.