D P SHARMA Vs. KSTA

JUDGEMENT

(1.) The petitioner in W.P.No.11891 of 1979 is an applicant for the grant of a stage carriage permit on the interstate route Bangalore to Sampanagere, lying in the states of Karnataka and Tamilnadu, before the Karnataka State Transport Authority (hereinafter referred to as the KSTA). He has made the said application on 26.4.1978 and the same has been notified, as per S. 57(3) of the Motor Vehicles Act 1939 (hereinafter referred to as 'the Act'). The KSTA has also received representations, objections and also the traffic survey report. Though the matter was ready for disposal, nevertheless, it was not posted; therefore the petitioner filed an application for posting the subject for consideration. The respondent-KSTA, by its resolution dated 4/5-6-1979 in Subject No. 117/79 has resolved to defer the consideration of the application until the Rales are framed by the State Government in pursuance of the amendments effected to the Act, by the Motor Vehicles (Amendment) Act, 1978 (hereinafter referred to as the 'Amendment Act, 1978'). In the said resolution it has also been stated that the State Government has been moved to frame the Rules.

(2.) Similarly, the petitioner in WP No. 11892 of 1979, is an applicant before the KSTA for the grant or a National Permit for a public carrier. This application was made in April 1979. After the filing of the application, the petitioner has acquired a new public carrier and has got it registered on 18-7-1979 as M.E.D. 5303. The application has been made in an existing vacancy in the quota prescribed by the Central Government for the State of Karnataka The procedure required under Section 57 (3) of the Act, has also been completed and the application was ready for final consideration, therefore, it was taken up for consideration on 6-8-1979. On that day, the respondent has resolved to defer the consideration of the application till the Rules are framed by the State Government in pursuance of the Amendment Act, 1978.

(3.) The petitioner in WP No.11949/79 is also an applicant before the KSTA for the grant of a stage carriage permit on the existing inter State route Bellary to Bangalore. The application has been notified, objections and representations have been received by the KSTA and it was ready for final disposal. Accordingly, the application was posted on 4/5-6-1979 for final disposal and on that day, the KSTA has resolved to defer the consideration of the application until the State Government frames the Rules in pursuance of the amendments effected to the Act by the Amendment Act, 1978.