UMMER KHAYUM KHAN Vs. REGIONAL TRANSPORT AUTHORITY, KOLAR

JUDGEMENT

(1.) Petitioners have challenged the common order of the Karnataka State Transport Appellate Tribunal (' Tribunal- , for short) in Revision Petition Nos. 679 and 683 of 2005, dated 7-10-2015 marked at Annexure-G to the writ petitions.

(2.) The petitioners filed an application for grant of stage carriage permit. A joint route survey was conducted in respect of the route Srinivasapura and Chintamani and back, the route involved herein and the report to that effect was submitted by the concerned Authority to the effect that 0.1 km. is a staggering intersection. The Respondent No. 1 after considering the joint route survey and providing an opportunity to the parties, granted permits as prayer for. The Tribunal set aside the permits on the ground that the route in question overlaps the notified route. Against the orders of the Tribunal, the petitioners have approached this Court by filing writ petition No. 26908/2005. This Court by order dated 18-6-2012 set aside the orders of the Tribunal and directed the Tribunal to reconsider the matter in the light of the observations made therein. Pursuant to the directions of this Court, the Tribunal reconsidered the matter and held that staggering intersection is 'overlapping' and set aside the permits in question. Hence, these writ petitions.

(3.) Learned counsel appearing for the petitioners submitted that the Tribunal grossly erred in not noticing the legal proposition laid down by the Hon'ble Apex Court in the case of 'Karnataka State Road Transport Corporation v. Ashrafulla Khan, reported in AIR 2002 SC 629, wherein it is categorically held that intersection is not overlapping. Staggering intersection is nothing but an intersection, treating the same as overlapping by the Tribunal is prima facie illegal and not in accordance with law.