Allowed

Sri H v. Nagaraj v the Regional Transport Authority

Karnataka HC28 Mar 2023WP/5844/2023

Case brief

AI extract

What is this about?

The Writ Petitioner filed this petition seeking to quash orders dismissing his appeal against the cancellation of a stage carriage permit for non-operation. The High Court allowed the petition, quashed the Tribunal's orders, and restored the appeal to allow the petitioner another opportunity to be heard.

What did the court decide?

The writ petition was allowed; the impugned orders of 15.01.2021 and 28.04.2022 were quashed; Miscellaneous Petition No.7/2022 was allowed; Appeal No.301/2018 was restored on the file of KSTAT.

Sri H v Nagaraj Vs the Regional Transport Authority — Service and Employment | Karnataka HC (2023)

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WP No. 5844 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 5844 OF 2023 (MV)

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BETWEEN:

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SRI. H.V. NAGARAJ, AGED ABOUT 60 YEARS, BUS OPERATOR, NO.53, KHB COLONY, CHALLAKERE, CHITRADURGA (DIST).

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…PETITIONER

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(BY SRI. MOHAMMED SUBHANULLA SHARIEF C, ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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THE REGIONAL TRANSPORT AUTHORITY, CHITRADURGA REGION, REGIONAL TRANSPORT OFFICE, NEAR AISHWARYA HOTEL, V.P. EXTENSION, CHITRADURGA - 577 501, (BY ITS SECRETARY).

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…RESPONDENT

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(BY SRI. BHOJEGOWDA T KOLLER, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL IN APPEAL NO.301/2018 DATED 15/01/2021 VIDE

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WP No. 5844 of 2023

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ANNEXURE-D IN DISMISSING THE APPEAL FOR NON PROSECUTION AND ORDERS OF THE TRIBUNAL DATED 28/04/2022 IN MISC.PETN.NO.7/2022 VIDE ANNEXURE - F IN REJECTING THE MISCELLANEOUS PETITION TO RECALL THE ORDERS OF THE TRIBUNAL IN DISMISSING THE APPEAL AND TO EXTEND THE TIME FOR PAYMENT OF THE FINE IMPOSED.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The Stage Carriage Permit granted to the petitioner was cancelled for non-operation. Against which the petitioner filed an appeal before the Karnataka State Transport Appellate Tribunal in appeal No.301/2018. The appeal was dismissed by the Tribunal for non prosecution. The petitioner filed a miscellaneous petition to recall the order and restore the appeal. However, the said application came to be dismissed against which the present petition is filed.

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Heard the learned counsel for the petitioner and learned AGA for the respondent-State.

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A perusal of the order sheet indicates that the matter was called out on 15.01.2021 and since there was no representation, the matter was called at 3:00 pm and also at

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WP No. 5844 of 2023

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3:30 pm and the petitioner and his counsel having not appeared before the Tribunal, the appeal was dismissed for want of prosecution.

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In my view, so as to secure the ends of justice, the Tribunal ought to have provided one more opportunity to the petitioner to address his arguments. If the appeal is not restored, the rights of the petitioner will be adversely affected. No prejudice will be caused to the respondent, if the order is recalled and appeal is restored to its file. Accordingly, I pass the following:

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ORDER

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i. Writ petition is allowed.

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ii. The impugned order dated 15.01.2021 and order dated 28.04.2022 passed by the KSTAT in appeal No.301/2018 are hereby quashed and consequently, the Miscellaneous petition No.7/2022 is allowed.

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iii. The appeal No.301/2018 is restored on the file of KSTAT.

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WP No. 5844 of 2023

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It is made clear that if the petitioner does not choose to prosecute the appeal without showing sufficient cause, the Tribunal is at liberty to proceed in accordance with law.

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Sd/JUDGE

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RKA List No.: 1 Sl No.: 24 CT: BHK

Sri H v. Nagaraj v the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Sri H v. Nagaraj v the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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