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2025 DAILYLAW 20146 (KAR)

SRI. R V SUBHASH CHANDRA BOSE v. THE KARNATAKA STATE TRANSPORT AUTHORITY

WP/8384/2025 · 2025-04-24

B M Shyam Prasad

body2025

Judgment text

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- 1 - NC: 2025:KHC:16820 WP No. 8384 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8384 OF 2025 (MV) BETWEEN: SRI. R V SUBHASH CHANDRA BOSE S/O LATE R VENKATESHAM SHETTY, AGED ABOUT 75 YEARS, PROP: VENKATESHWARA MOTOR SERVICE, GANDHI NAGAR, KOLAR-563101. …PETITIONER (BY SRI PUTHIGE R RAMESH SR. ADV. FOR SRI. A S PARASARA KUMAR, ADV.) AND: 1. THE KARNATAKA STATE TRANSPORT AUTHORITY 1ST FLOOR, 'A' BLOCK, TTMC BUILDING, SHANTHINAGAR, K.H. ROAD, BANGALORE-560027 REP. BY ITS CHAIRMAN. 2. THE ADDITIONAL COMMISSIONER OF TRANSPORTS AND SECRETARY KARNATAKA STATE TRANSPORT AUTHORITY, 1ST FLOOR, 'A' BLOCK, TTMC BUILDING, SHANTHINAGAR, K.H. ROAD, BANGALORE-560 027. 3. THE ADDITIONAL COMMISSIONER FOR TRANSPORT ENFORCEMENT SOUTH, 1ST FLOOR, 'A' BLOCK, TTMC BUILDING, SHANTHINAGAR, K.H. ROAD, BANGALORE-560 027. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:16820 WP No. 8384 of 2025 4. SMT. REHANA BEGUM W/O. LATE SHEIKH SHAFIULLA, NO.33, 11TH CROSS, SHAMPUR MAIN ROAD, NEXT TO ASHRAFIA MOSQUE, R.T. NAGAR, BANGALORE-560 032. 5. SRI SARDAR PASHA S/O. MOHAMMED AMEER JOHN, AGED ABOUT 60 YEARS, OPP: DARGAH HAZARATH HYDER ALI, K.G.F. ROAD, MULABAGAL, KOLAR DISTRICT-563 101. 6. SRI R. RAGHUPATHI D/O. D.RAMEGOWDA, BUS OPERATOR, MALLAKANAHALLI POST, MULABAGAL TALUK, KOLAR DISTRICT-563 101. …RESPONDENTS (BY SRI.RAJKUMAR, AGA FOR R1 TO R3 SRI M.E. NAGESH, ADV. FOR R4 SRI B.R., SUNDARARAJA GUPTA, ADV. FOR R5 AND R6) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (I) CALL FOR RECORDS; (II) ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION DATED 25.11.2024 VIDE ANNEXURE-Q WITHIN 30 DAYS FROM THE DATE OF RECEIPT OF THE ORDER OF THIS COURT THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:16820 WP No. 8384 of 2025 CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who was a rival operator qua the private respondents, has filed this petition for directions to the Karnataka State Transport Authority [the first respondent] to consider his representation and for a direction to the Additional Commissioner for Transport Enforcement [South] to ensure that the private respondents do not operate on the respective routes. The petitioner's case hinges on the assertion that notwithstanding the Karnataka State Transport Appellate Tribunal's order dated 30.12.2023 in the respective revision petitions, the private respondents are operating their vehicles without a valid permit. If Mr. A. S. Parasara Kumar, the learned counsel for the petitioner, proposes to support the writ petition in the light of this assertion, both Mr. M. E. Nagesh, and Mr. B. R. Sundararaja Gupta, the learned counsels who are on record for these private - 4 - NC: 2025:KHC:16820 WP No. 8384 of 2025 respondents, are categorical in their submissions that the private respondents are not operating and that they have ceased plying their vehicles subject to the outcome on their request for interim orders in their writ petitions in W.P.No.18610/2024 and W.P.No.18961/2024. In the light of these categorical submissions, Mr. A. S. Parasara Kumar seeks leave to withdraw the petition. The learned counsel is permitted, and the petition stands dismissed as withdrawn. Sd/- (B M SHYAM PRASAD) JUDGE RB