VENKATACHALAIAH Vs. KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) In these two petitions under Articles 226 and 227 of the Constitution, the petitioners have sought for quashing the order dated 28-8-1985 passed by the Karnataka State Transport Appellate Tribunal (hereinafter referred to as the 'Tribunal') in Appeal No. 925/82.

(2.) The Tribunal by the aforesaid order, has set aside the Resolution dated 27/28-7-1982 passed by the Karnataka State Transport Authority (hereinafter referred to as the 'KSTA') in Subject No. 252/81 rejecting the application filed by the 3rd respondent for grant of Stage carriage permit on the route Chikkanayakanahally to Tumkur via Salakatte, Kandikere, Thimmenahalli, Badkegudlu, Bellara, Bukkapatna, Sira, Madalur State Border, Hullekere, Agali, State Border, Rantwala, Hosakere, Madhugiri, Koratagere and Agrahara and back.

(3.) The Tribunal has held that the appeal filed by the petitioners on 20th November 1982 is in time as the period of limitation commenced on 6-11-1982 the date on which the 3rd respondent received a certified copy of the order. It has also further held that the legal representative of P. Rangaiah, and Kumaraswamy Mudaliar are not in any way affected by remanding the matter, as on remand they will be entitled to be heard by the KSTA. On the basis of these two findings and on following a Division Bench decision of this Court in D.P Sharma v. State Transport Tribunal, 1985 (2) KLJ 16, it has remitted the case to the KSTA for fresh consideration.