SALEEM KHAN Vs. N SRINIVASA NAIDU

JUDGEMENT

(1.) THE petitioners are stage carriage permit holders on route Chitradurga to Kolthure, whose applications for variation by extension of the route from Kolthure to Malur, when allowed by resolution dated 27. 12. 1991 of the Regional Transport Authority, Tumkur (RTA), was followed by issue of variation endorsements dated 9. 1. 1992 Annexures C and D. Thereafter, the RTA by resolution dated 22. 7. 2004 granted variation of the permits, by way of curtailment from Bangalore to Malur, one round trip, and extension from Hoskote Santhe Gate to Mothakhalli, and accordingly, issued, variation endorsements dated 4. 9. 2004 Annexures-F and G. The RTA by another resolution granted extension from Mothakhalli to Kaylnoor and issued endorsements dated 10. 9. 2004 Annexures-J and J1. Yet another extension was granted to the petitioners' permits, for the route from Kaylnoor to Marugamalla via Chintamani, followed by endorsements dated 2. 11. 2004 Annexures-K and K1. Respondents 1 to 3, aggrieved by the grant of variations by extension of routes to the petitioners' at Annexures--'f' and 'g'; filed Appeal Nos. 161 - 162/2006; 176-178/06 and 177-179/06, respectively, while respondent No. 4 Karnataka State Road Transport Corporation filed Appeal Nos. 153/06, 154/06and 156/06, challenging the grant of variation of permit Annexuresj, K and F respectively of the 1st petitioner, and Appeal Nos. 155/06, 157/06 and 158/06; in respect of variations of permit Annexures K1; J1 and G respectively of the 2nd petitioner before the Karnataka State Transport Appellate Tribunal (KSTAT), which were clubbed together and by common order dated 8. 3. 2006 Annexure-V disposed off IA-I for condonation of delay in filing the appeals, filed by respondent No. 4 in Appeal Nos. 1 53-158/06 holding that the appeals are filed within time. The KSTAT by order dt. 26. 8. 2006 Annexure-W allowed the Appeal Nos. 153, 154, 156, 161, 178 and179/06 and set-aside the orders dated 22. 7. 2004, 10. 9. 2004 and 2. 11. 2004 of the RTA granting variation of the permit of the 1st petitioner. By order dated 26. 8. 2006 Annexure-X, the KSTAT allowed the Appeal Nos. 155, 157, 158, 162 and 176 and 177/06 and set-aside the orders dated 22. 7. 2004, 10. 9. 2004 and 2. 11. 2004 of the RTA grating variation of permit of the 2nd petitioner. Hence, this writ petition calling in question the orders Annexures-V, W and X.

(2.) THE petition is opposed by filing statement of objections dated 18. 10. 2006 of respondents 1 to 3 and the statement of objections dated 29. 11. 2006 of the 4th respondent-KSRTC. It is the common case of the respondents that the 1st extension Annexure C and D was from Kolthure to Malur, a distance of28 kms, while the 2nd extension dated 4. 9. 2004 Annexures-F and G was for a distance of 30 kms from Hoskote Santhegate to Mohtakhalli, the 3rd extension by endorsments dated 10. 9. 2004 Annexures-J and J1 was for a distance of 32 kms from Mohtkhalli to Kaylnoor and the last of the variation by endorsement dt. 2. 11. 2004 Annexures-K and K1 was for a distance of 40 kms. from Kaylnoor to Murugamalla. According to the respondents, the appeals preferred by them were within the period of limitation, however by way of abundant caution the applications to condone the delay when filed were allowed by order Annexure-'v'. It is further contended that the first variation for a distance of 28 klns, in accordance with subsection (3) of Section 80 of the Motor Vehicles Act, 1988, for short Act, not in question, the three other variations by extension of the route for a distance of 24 kms are illegal and subject matter of the appeals.

(3.) THE dates of (a) filing of application for copies (b) receipt of the copies, (c) orders of the (RTA), (d) filing of appeals by the respondents, are set out in the following tabular form :