SRI B. ATHAULLA KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions have been filed by tourist bus operators for quashing of the Government Order bearing No. SARE/140/SAEPA-2011, Bengaluru dated 05.08.2015 where under appropriate Government of Karnataka has opined that modification of the schemes proposed under the notifications, dated 25.10.2002, 27.05.2003 and 09.03.2017 are not required to be modified and as such, has dropped the proposed modifications and are referred to as 'first set of writ petitions'. The Stage Carriage Permit Holders who were granted permits by the State Transport Authority, being aggrieved by the orders passed by the said Authority rejecting the applications for renewal of the permits preferred appeals before the Karnataka State Transport Appellate Tribunal, Bangalore and on dismissal of the appeals by the Tribunal on the ground that the Division Bench of this Court had held that such permit holders are not exempted operators within the meaning of the respective schemes have approached this Court in the writ petitions which is referred to as 'second set of writ petitions'. Since common questions would arise for consideration in these writ petitions, they are taken up together and disposed of by this common order. For the purposes of convenience, they are classified and tabulated hereunder:

(2.) In exercise of the power vested under Sec. 68-D of M.V. Act, 1939 State Government approved certain schemes during 1960, 1961, 1968 and on various other dates which are known and called as 'BTS Scheme, Bellary Scheme, Kolar Scheme, Mysore Scheme etc.' so as to create monopoly in favour of State Transport undertakings in respect of the routes notified thereunder.

(3.) Said modification/notifications issued by the State Government came to be questioned by the Corporation in W.P.Nos.4030/2004 (Bellary Scheme), 6616/2004 (Kolar Scheme), 158/2008 (Bangalore and BTS Schemes) and W.P.No.9590/2004 (relating to MM Hills Vehicles). Division Bench of this Court by order, dated 21.04.2011 allowed the said writ petition and set aside the notification, dated 31.05.2007 and matter was remitted to the State Government to pass fresh orders in accordance with law within a period of three months from the date of receipt of copy of the order. The writ petitions filed by the private operators came to be dismissed by confirming the order passed by the State Transport Appellate Tribunal where under the permits granted in favour of the writ petitioners therein had been cancelled. However, the Division Bench permitted the petitioners in W.P.No.16990/2006 and connected matters to operate their vehicles, if they are holding permits which were valid as on the said date and if they are authorised to run the vehicles for a period of three (3) months from the date of the order.