N.K.JAIN,C.J. - (1.) A Division Bench of this Court, while considering these appeals vide order dated 6 -1 -2003, found that the Division Bench decision of this Court in Sri Balashyam Singh v. Karnataka State Road Transport Authority, (W.A. No. 4163/2002 decided on 19 -8 -2002) has expressed a view contrary to the decision in Karnataka State Road Transport Corporation, Bangalore Vs. Karnataka State Transport Authority, Bangalore and Others, AIR 1987 SC 711 and that it was appropriate that the matter be considered by the Full Bench to decide the following question : "Whether it is permissible to grant variation of the conditions of a stage carriage permit held by a saved operator under the Kolar Packet Scheme/Bellary Pocket Scheme, by increasing the number of trips or number of vehicles - Accordingly, the Division Bench directed the Registry to place the matters before the Chief Justice for constituting a larger Bench.
(2.) THUS , as per the order dated 2 -7 -2003 the matter has come up before this Bench. The necessary facts for the disposal of this reference are as follows : One R. Maheshwari, who filed W.P. Nos. 43544/99 and 43601 -603/99, is a holder of permit bearing No. 33/64 operating on the route from Thirupathi to Bangalore and back performing one round trip per day, countersigned by the State Transport Authority, Bangalore (for short 'KSTA') on single point tax and is a saved operator under the Kolar Pocket Scheme. The said petitioner sought for variation of the condition of the permit by way of grant of one more round with inclusion of one more vehicle. The said variation was granted by the State Transport Authority, Andhra Pradesh, (for short 'STA, AP') subject to the condition that counter -signature was obtained by the KSTA on double point tax. The permit was originally valid up to 15 -5 -1987, which was subsequently renewed up to 15 -5 -1992 and thereafter up to 15 -5 -1997. The STA, AP under Rule 174(1) of the Rules replaced the permits and the permit was renewed from 16 -5 -1997 to 15 -5 -2002, which was counter -singed by the KSTA by its order dated 5 -3 -1999 on double point tax and the signature was endorsed in permit with effect from 26 -5 -1999. Respondents 3 to 6 filed W.P. Nos. 16763 to 765/ 1999 and W.P. No. 29754/1999 questioning the grant of counter -signature in favour of the petitioner and the same were dismissed. The appeals by respondents 4 to 6 in W. A. Nos. 4813 -4815/1999 were also dismissed. Thereafter respondent No. 3 preferred R. P. No. 1420/99 and respondents Nos. 4 to 6 preferred R. P. Nos. 965 -967/ 1999. The Karnataka State Transport Appellate Tribunal framed the following two questions : - - "Whether the first respondent has power to grant counter -signatures by way of an additional trip with additional vehicle in respect of the said permit in the notified area which falls under Kolar Pocket Scheme ? Whether the first respondent has power to grant counter signatures in respect of the said permit in the light of the law laid down by the Hon'ble Supreme Court in Gajraj Singh etc. Vs. The State Transport Appellate Tribunal and others etc., (1996) 7 AD SC 490 and the Hon'ble High Court in Karnataka State Road Transport Corporation, Bangalore Vs. Karnataka State Transport Authority, Bangalore and Another, ILR (1998) KAR 1117 - The Tribunal by its order dated 3 -12 -1999 answered the 1st question in favour of the petitioner and the 2nd question in favour of the respondent and came to be conclusion that the R.Ps. cannot be allowed and the petitioner was not entitled for counter -signature. Aggrieved by the finding of the Tribunal on the second question, the above writ petitions were filed by R. Maheshwari. The Karnataka State Road Transport Corporation (for short 'KSRTC') challenging the findings of the Tribunal on the 1st question filed W. P. No. 1331/2000 and W. P. Nos. 43826/28/ 1999 were filed by G. V. Chandrasekhar and two others challenging the very same order as regards the findings arrived at, against them. The learned single Judge by an elaborate order allowed the writ petitions filed by R. Maheshwari, setting aside the finding of the Tribunal on the 2nd question and dismissed the writ petitions filed by the KSRTC and G. V. Chandrasekhar challenging the finding of the Tribunal on the 1st question and dismissed the revisions filed by them. The same was challenged in writ appeals.
(3.) THIS Court on 28 -11 -2001 in W. A. Nos. 4227 -31/2000 observed that no fresh route can be created on inter -State nationalised route without reciprocal agreement between the two States and in view of the order passed in W. A. Nos 4828/4830/2001 on that day, I.A.I/2001 for stay was allowed and the matter was posted for hearing along with W. A. Nos. 4828 -30/2001 in February, 2002. Thereafter, the matter was adjourned to 11 -4 -2002 and 10 -6 -2002, on which date this Court directed the Registry to list all the identical cases. On 18 -7 -2002, this Court found that S.L.P. (Civil) Nos. 22508 -12/2001 filed by Maheswari challenging stay order of this Court dated 28 -11 -2001 was rejected by the Supreme Court on 10 -1 -2002, and it was ordered to list the appeals for final hearing in the first week of September, 2002. However, the Division Bench by its order dated 6 -1 -2003, referred the matter to be placed before the Full Bench, which has come up before us, as stated.;