K P PRABHUSWAMY Vs. REGIONAL TRANSPORT AUTHORITY MYSORE

JUDGEMENT

(1.) THE petitioners are the existing stage carriage operators in the districts of Mysore and Mandya. They have been granted stage arriage permits under the Motor Vehicles Act of 1939. The said permits are being renewed from time to time. Motor Vehicles Act of 1939 has been repealed and in its place Motor Vehicles Act of 1988 has been enacted which has come into force from 1-7-1989. Acting under the provisions of section 217 read with Section 81 of the Motor Vehicles Act, the said permits are being renewed under the Act of 1988. The details are as follows:now the respondent has issued the notice as per Annexures-H to N and p cancelling the renewals. Being aggrieved by this, all these writ petitions arise.

(2.) MR. Krishnaswamy, learned Counsel for the petitioners submits that already this Court has passed an order quashing a similar notice issued to another existing operator as in Annexure-H in W. P. No. 5032 of 1998 by an order dated 18-2-1998. To support his contention, he relied upon the decision in the case of D. P. Sharma v State Transport Authority (relevant page No. 3269) wherein it is stated as follows:

(3.) THESE writ petitions are allowed. Annexures-H to N and P are quashed. The learned High Court Government Pleader is directed to take the Lotice and file his memo of appearance within four weeks.