D P SHARMA Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) This writ petition is preferred seeking a direction to the 1st respondent which is the Karnataka State Transport Authority to quash the Notification No. STA/5/SCP 45/87- 88 published in the Karnataka Gazette dated 28-4-1988 as rival application for grant of stage carriage permk, vide Annexure-C and also for a mandamus prohibiting the 1st respondent from considering and clubbing the application of the 2nd respondent dated 2-1-1988 for grant of stage carriage permit filed before the 1st respondent in lieu of permit No.P. St. P.6/66 originally held by the 3rd respondent, since time expired.

(2.) The essential facts of the case may, briefly, be stated as follows : The petitioner, who is a stage carriage operator, filed an application for grant of inter-state stage carriage permit on the route Bangalore to Dharma puri and back via Chandapura, Hosur and Krishnagiri on 1-2-1980 in the place of the renewal of the permit held by the 3rd respondent in permit No.P. St. P.6/66 as a rival applicant. The application of the petitioner was clubbed along with the application for renewal of the permit filed by the 3rd respondent, considered together and disposed of by the 1st respondent by resolution granting renewal in favour of the 3rd respondent and rejecting the application of the petitioner. Thereafter, the petitioner challenged the said resolution in W.P. No. 15493 of 1980. At the same time, the petitioner preferred an appeal before the Karnataka State Transport Appellate Tribunal, Bangalore, questioning the correctness of the resolution passed by the 1st respondent and the Tribunal, by order dated 14-5-1982, dismissed the appeal. Against the said order of dismissal, the petitioner filed W.P. No. 21867 of 1982 before this Court. Subsequently, both Writ Petition Nos. 15493 of 1980 and 21867 of 1982 were clubbed and heard together by this Court and by a common order they were allowed on 18-3-1983. According to the order passed by this Court in the said writ petitions, the renewal of permit granted in favour of the 3rd respondent was set aside and the case was remanded to the 1st respondent for fresh consideration in accordance with law. Against this order, the 3rd respondent filed Writ Appeal Nos. 496 and 497 of 1983 before a Division Bench of this Court which dismissed the appeals on 9-11-1987, vide Annexure-A. The 3rd respondent challenged the order of the Division Bench before the Supreme Court in S.L.P. Nos. 15312 and 15313 of 1987 which came to be dismissed on 26-4-1988, vide Annexure-B.

(3.) On 2-1-1988, the 2nd respondent which is the Karnataka State Road Transport Corporation applied before the 1st respondent for grant of stage carriage permit on the route Bangalore to Dharmapuri and back via Krishnagiri in lieu of renewal of the permit of the 3rd respondent in permit No.P.St.P.6/66 expiring on 22-3-1988, as a rival applicant. The applicant was published in the Karnataka Gazette dated 28-4-1988 in Notification No. STA/5/SCP 45/87-88 vide Annexure-C. It is this Notification which is now under challenge by the petitioner.