B.G. VENKATESH Vs. THE ADDITIONAL COMMISSIONER FOR TRANSPORT AND THE SECRETARY
LAWS(KAR)-2017-4-76
HIGH COURT OF KARNATAKA
Decided on April 26,2017

B.G. VENKATESH Appellant
VERSUS
THE ADDITIONAL COMMISSIONER FOR TRANSPORT AND THE SECRETARY Respondents

JUDGEMENT

S.SUJATHA, J. - (1.) Petitioner is the holder of stage carriage permit for the route from Bengaluru to Dharmavaram and back. It is contended that the petitioner had prayed for change of Timings only in the return journey, departing Dharmavaram and reaching Bangalore. The KSTA, Bengaluru by order dated 5-1-2013 granted revision of timings only in the return journey and directed the 1st respondent to harmonise the timings after hearing the petitioner and the sector operators.
(2.) The 1st respondent by order dated 21-5-2013 revised the schedule of timings in the return journey only as per the order of the KSTA. Against which the 2nd respondent filed an appeal. In the said proceedings, the 2nd respondent and the petitioner filed a joint memo. Pursuant to which an order was passed by the Tribunal on 24-11-2014 remanding the matter to the Secretary, KSTA, Bengaluru. Subsequent to which the Secretary passed an order on 28-3-2015 refixing the timings after hearing the rival sector operators including the petitioner and the 2nd respondent. One Sri Snivashankar, Sector operator filed an Appeal No. 431 of 2015 challenging the said order dated 28-3-2015 before the Tribunal which came to be dismissed as not pressed. Thereafter, petitioner filed a Revision Petition No. 424 of 2015 challenging the order dated 28-3-2015, which is dismissed. Hence, this writ petition.
(3.) Sri S.V. Krishnaswamy, learned Counsel appearing for petitioner would contend that the application filed by petitioner in Form 36(A) for permit in respect of variation of condition of permit, as specified in sub-section (3) of Section 80 of the Motor Vehicles Act, 1988, pertaining to revision of timings was restricted to return journey only for the route Bengaluru to Dharmavaram and back. In such circumstances, the Secretary refixing the timings both for the forward journey and the return journey is wholly untenable and contrary to the provisions of the Act.;


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