KALAPPA Vs. STATE

JUDGEMENT

(1.) Sri N. D. Panchak'sharappa,, the 3rd respondent in W.Ps. 1673 and 1674 of 1979, who is the brother of the 3rd respondent in W.Ps 1323 and 1824 of 1979, held a. stage carriage permit on the route Shimoga to Rattehally via Avanur, Hamahalli, Sowlanga, Nyamathi, Shikaripur, Masur and Hallur in the, return journey and via. Kunchenahalli and: Sowlanga in the forward journey. The aforesaid third respondent made an application before the Regronal Transport Authority, Shimoga on 28-2-1973 for grant of vacation of the route by deviating the two trips operated between Shimoga and Sowlanga via Ayanur on the route via, KunchenahaUi. While praying far variation of the route by way of addition and, deletion, he also prayed for revision of. timings That application was notified under S. 57(3) of the Motor Vehicles Act, (hereinafter referred to as 'the Act'). Except the, petitioner in W.P. 1674/79, the petitioners in the remaining three writ petitions were the objectors.

(2.) The R.T.A. Shimoga, by the resolution dated 4.1.1974 rejected the application of the petitioner filed for grant of variation by addition to and deletion of the route and for revision of timings. Against the said resolution, tht aforesaid 3rd respondent preferred an appeal before the Karnataka State Transfort Appellate Tribunal (hereinafter referred to as 'the Tribunal) and the said appeal was rejected on the ground that it was not maintainable. Against the said order. the 3rd respondent in W.P. 1823 and 1824 of 1979 preferred W.P. No. 6982/76, as by tha tume the stage carriage permit in question standing in the name of his brother Sri N. D. Panchaksharappa, came to be transferred to him.

(3.) In W.P. No. 6982/76, the order passed by the Tribunal was set aside and the case was remanded. It was held that the curtailment of the route was only consequential to the main prayer namely inclusion of the new route from Sowlanga tp Shimoga via. Kunchenahalli. Regarding the revision cf timings, it was held that it was for the Tribunal to consider while disposing of the appeal whether the said request should be granted or not and it was also further made clear that it was open for the respondents to urge before the Tribunal that the revision of timings is not consequential in nature. The application made by Sri N. D. Panchaksharappa contained the following three prayers namely: