B.Vijaya Sai v. Liyakath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN WP No. 14353 to 14355 of 2004 and W.M.P.Nos.16975 to 16977 of 2004

1. B.Vijaya Sai Petitioner(s) Vs Liyakath R1 in W.P.No.14353/2004 Basheer Ahemd R1 in W.P.No.14354/2004 Noushad R1 in W.P.No.14355/2004 2.Karnataka State Transport Authority Multi Storie Building Vidhan Veedhi Bangalore 3.State Transport Authority Chepauk, Chennai

Respondent(s) PRAYER IN W.P.No.14353 of 2004 Writ of certiorari calling for the records of the second respondent pertaining to the order made in Sl.No.185/SUB.No.75/2000 dated 16.12.2003 granting the permit in favour of the 1st respondent to ply on the route Bellur to Gollahalli Cross and quash the same, so far as it relates to the overlapping on the Area approved scheme in respect of Revenue District of Dharmapuri approved under G.O.Ms.No.1529 Home (Transport III) Department, dated 17.11.1999.

PRAYER IN W.P.No.14354 of 2004 Writ of certiorari calling for the records of the second respondent pertaining to the order made in Sl.No.187/SUB.No.78/2000 dated 16.12.2003 granting the permit in favour of the 1st respondent to ply on the route Bangalore to Ballur and quash the same, so far as it relates to the overlapping on the Area approved scheme in respect of Revenue District of Dharmapuri approved under G.O.Ms.No.1529 Home (Transport III) Department, dated 17.11.1999. PRAYER IN W.P.No.14355 of 2004 Writ of certiorari calling for the records of the second respondent pertaining to the order made in Sl.No.186/SUB.No.77/2000 dated 16.12.2003 granting the permit in favour of the 1st respondent to ply on the route Gollahalli Cross to Bellur and quash the same, so far as it relates to the overlapping on the Area approved scheme in respect of Revenue District of Dharmapuri approved under G.O.Ms.No.1529 Home (Transport III) Department, dated 17.11.1999. For Petitioner(s):

M/s M.Palani S.Anwar Nizath

For R1:

Mr.Hariharan For R3 Ms.C.Meera Arumugam, AGP COMMON ORDER Heard Mr.M.Palani, learned counsel for the petitioner and Mrs.C.Meera Arumugam, learned Additional Government Pleader for the third respondent and Mr.Hariharan, learned counsel for the first respondent.

2. The issue raised in these writ petitions are covered by a judgment of this court in W.P.No.22332 of 2002 dated 5.11.2004.

2. Mr.Hariharan, learned counsel, who was requested by this court to take notice on behalf of the private respondents, as the erstwhile counsel who was his colleague, had passed away, states that Karanataka High Court has taken a different view from the one taken by the Madras High Court in Karnataka State Road Transport Corp. vs. State of Karnataka (AIR 1992 Kar 385).

3. When it comes to the law of precedents, I am bound by the judgment of a learned Single Judge of this Court, unless I express any disagreement on law and refer the matter to a larger Bench. When there is a precedent covering the issue, I am bound to follow the said judgment, rather than the judgment of

Karnataka High Court, be it one passed by a learned Single Judge, or a Division Bench or a Full Bench. That being the position, following the judgment of Hon'ble Mr.Justice K.P.Sivasubramanian in W.P.No22332 of 2002 dated 5.11.2004, all the above writ petitions are allowed. No costs. The connected miscellaneous petitions are closed.

10-10-2025 ssk.

Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.Karnataka State Transport Authority Multi Storie Building Vidhan Veedhi Bangalore 2.State Transport Authority Chepauk Chennai

V.LAKSHMINARAYANAN J.

ssk.

WP No. 14353 to 14355 of 2004 10-10-2025