MANJAYYA SHETTY N Vs. DIST MAGISTRATE D K

JUDGEMENT

(1.) In these two petitions under Articles 226 and 227 of the Constitution, the petitioners have sought for quashing the Older dated 7-5-1986 bearing No. C Disc. RTA. CR. 293/85-86 (C5) and C.DS.RTA. CR 293/85 86 dated 7-5-1986 issued by the District Magistrate, Dakshina Kannada District, Mangalore and also the resolution dated 19-4-1986 passed by the Town Municipal Council, Coondapur, produced as Annexure B. The petitioners have slso sought for a direction in the nature of mandamus restraining respondents 1 and 2 from giving effect to the impugned order Annexure-C.

(2.) The petitioners contend that the District Magistrate has no jurisdiction to pass an order for shifting the existing bus stand to another place ; that as per the decision of the Supreme Court to which a reference will be made in the course of this order, it is only the Regional Transport Authority, which grants the permit, alone is competent to change the bus stand ; that the Municipality with a view to favour some of the councillors who are having properties surrounding the place where the new bus stand is proposed, has decided to Change the bus stand.

(3.) On the contrary, it is contended on behalf of the respondents that the place where the bus stand is situated at present is not at all suitable and is very small and it is causing great inconvenience and hardship to the travelling public ; that there has been a demand since 1981 for change of the bus stand ; that the bus stand is maintained by the Municipality and therefore, under the provisions of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act') and the Karnataka Motor Vehicles Rules, 1963 (hereinafter referred to as the 'Rules'), it is the District Magistrate who is empowered to change the bus stand ; that the decision as to shifting the bus stand has been taken objectively and without reference to the interest of any of the councillors.