UDAYASHANKAR Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The petitioner is a Stage Carriage Permit Holder [in No.233/DK/98-99] operating between the State Bank to Thoudugoly, Dakshina Kannada with six round trips per day. The petitioner has called in question the common judgment dtd. 28/6/2021 in Appeal Nos.189/2018, 190/2018, 191/2018 and 192/2018 on the file of the Karnataka State Transport Appellate Tribunal, Bengaluru [for short, 'the Tribunal']. The Tribunal, by this common judgment dtd. 28/6/2021, has set aside the first respondent - the Regional Transport Authority's Order dtd. 5/2/2018 in Sub No.13/2011-12.

(2.) Sri. C. V. Kumar, the learned counsel for the petitioner, submits that the question for consideration in this petition will be whether the Tribunal could have interfered with the Regional Transport Authority - RTA's Order permitting the curtailment of the route in public interest. The learned counsel submits that the Tribunal has opined that the curtailment results in variation beyond 24 KMs, and that the Tribunal has so opined because it has multiplied the variation per trip [from 8 Kms - to 5 Kms] into number of trips.

(3.) Sri. C. V. Kumar submits that the question as aforesaid arises for consideration despite the finding in this regard by the Tribunal in the earlier round of litigation in its order dtd. 21/7/2016. Sri.Rajkumar, the learned Additional Government Advocate for the first respondent, is heard for disposal of the petition answering the question as proposed by Sri. C. V. Kumar. The second to fifth respondents, who are the appellants before the Tribunal, have remained unrepresented though served.