A VENKATESH Vs. REGIONAL TRANSPORT AUTHORITY KOLAR

JUDGEMENT

(1.) These two appeals are filed - one by the transferee of the permit and another by the Regional Transport Officer, questioning the correctness of the order passed by the Learned Single Judge in WP 2391 /2009 on 23.3.2009 in so far as the transferee is concerned in disposing of the writ petition and the appellant in the connected appeal is aggrieved of the observations made in paras 10,11 and 12 of the order of the Learned Single Judge and the direction issued to the Principal Secretary to the Transport Department to take disciplinary action against her. They have prayed for setting aside the order of the Learned Single Judge by allowing the appeals by setting aside the order impugned in these appeals urging various grounds.

(2.) These two cases were heard together at the stage of preliminary hearing and we proceed to pass the following common judgment. There is no need for us to advert to the facts in this judgment as the Learned Single Judge has referred to the relevant facts in the impugned order.

(3.) Learned Counsel Sri B.R. Sundararaja Gupta on behalf of the transferee of the permit to ply his vehicle submits that the confirmation of the order of the Karnataka State Transport Appellate Tribunal (hereinafter called as KSTAT) by the Learned Single Judge in the impugned order is illegal, unjust and it has occasioned failure of justice. Therefore, the order impugned in his appeal and the order impugned in the writ petition are liable to be set aside and quashed respectively in exercise of this Court's Appellate jurisdiction and power.