SINDHU B M AND ORS Vs. KARNATAKA STATE TRANSPORT AUTHORITY; MANAGING DIRECTOR; S V NAGARAJ; R P ABDUL REHMAN AND ORS

JUDGEMENT

(1.) The petitioners in these petitions are assailing the orders dated 07.04.2015 passed in R.P.No.184/2013, 172/2013, 173/2013, 171/2013, 198/2013, 204/2013 and the order dated 01.08.2015 passed in R.P Nos.536/2014, 537/2014, 548/2014 and 555/2014.

(2.) In the revision petitions, the KSTAT after having adverted to the rival contentions has arrived at a conclusion that there is overlapping of the services in the route concerned. It is in that view, the permits which were the subject matter in the said petitions issued in favour of the petitioners have been set aside by allowing the revision petitions.

(3.) The petitioners while assailing the said order have no doubt assailed the conclusion reached by the Tribunal inasmuch as they contend that the reason assigned for reaching the conclusion that there is overlapping is not justified when it has been considered as intersection by the competent authority. Though such contention is put forth, what is necessary to be noticed is that in a matter of the present nature, when it is found that there is some overlapping and when it is contended to be an intersection, the appropriate course to resolve the said issue is to direct a joint route survey. This moreso in the instant case where the KSTAT after taking into consideration Ashrafulla Khan's case has thereafter found fault with the joint route survey by stating that the report has not depicted the true state of affairs. If that be so it could have been resolved by holding a fresh joint route survey.