FATHIMA BEGUM Vs. KARNATAKA STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) BY this petition under Art. 226 of the Constitution of India, the petitioner has sought for the issue of writ of certiorari setting aside or quashing the resolution passed by the first respondent in Subject No. 103/95, dated 20/21-12-1995, renewing the State Carriage Permit No. 12/69-70, for the purpose of the route Bellary to Shimoga and back via Chitradurga, copy of which has been annexed as Annexure-A to the writ petition.

(2.) THE petitioner's case is that he is an operator on the aforesaid route Bellary to Shimoga and back via Chitradurga. According to the petitioner's case , respondent No. 2 in this writ petition has been the holder of the Stage Carriage permit bearing No. 12/69-70 for the route Bellary to Shimoga and back via Chitradurga District. The petitioner has further asserted that the said permit which had been granted by renewal from time to time was effective up to 31-7-1995. The petitioner's case is that second respondent applied for renewal of the said permit on 26-7-1995. According to the petitioner, he filed objection in the office of the first respondent that is the Karnataka State Transport Authority to the effect that the application for renewal of permit was not maintainable and could not be considered in view of the law laid down by their Lordships of the Supreme Court in the case of Secretary, Quilon Distt. Motor Transport Workers' Co-operative Society Ltd. v. Regional Transport Authority, reported in AIR 1995 SC 82. The petitioner's case is that this objection was registered in the Register at Serial No. 2044, dated 17-5-1995. The petitioner's grievance is that in the meeting held on 2 0-12-1995 and 21-12-1995, the Counsel appearing on behalf of the petitioner took the objection to that effect as well, but in spite of written objection and representation made through the Counsel at the time of meeting held, the first respondent did not apply its mind to the aforesaid objection about the maintainability of the renewal application and without considering that aspect of the matter respondent No. 1 passed the resolution dated 20/21-12-1995, the copy of which is Annexure A.

(3.) HAVING felt aggrieved there from, the petitioner has come up before this Court by way of this petition under Art. 226 of the Constitution of India.