IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NOS.11142-11147/2019 (MV) BETWEEN H G MURALIDHARA KAMATH, S/O LATE SRI H GOVINDRAO KAMATH, AGED 73 YEARS, NO.509, SHASHI KIRAN APARTMENTS, 18TH CROSS, MALLESHWARAM, BENGALURU-560 055. ... PETITIONER (BY SRI ASHOK HARANAHALLI, SR. ADV. FOR SRI M E NAGESH, ADV.) AND 1. THE SECRETARY, STATE TRANSPORT AUTHORITY, TTMC BUILDING, K H ROAD, BENGALURU-560 027.
2. THE STATE TRANSPORT AUTHORITY TTMC BUILDING, K H ROAD, BENGALURU-560 027 BY ITS SECRETARY.
3. SMT. VIJAYA V. PRABHU, AGED 70 YEARS, W/O LATE K R VASUDEVA PRABHU, ARYA DURGAMMA STREET, SHIVAMOGGA-577 202.
4. H G RAVI KAMATH, AGED 57 YEARS, S/O LATE SRI H GOVINDRAO KAMATH, SRI KRISHNA MOTORS, ARYA DURGAMMA STREET, SHIVAMOGGA-577 202.
5. H G NARENDRA KAMATH, AGED 55 YEARS, S/O LATE SRI H GOVINDRAO KAMATH, SRI KRISHNA MOTOR TRANSPORT, ARYA DURGAMMA STREET, SHIVAMOGGA-577 202. ... RESPONDENTS (BY SRI VIJAYA SHANKAR, SR. ADV. FOR SRI K V SATEESHCHANDRA, ADV. FOR C/R3 & R5, SRI DILDAR SHIRALLI, HCGP FOR R1 & R2, SRI A.S.PARASARA KUMAR, ADV. FOR R4.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE STATE TRANSPORT AUTHORITY IN SL NO.15/OFFICE SUBJECT NO.18/2018-19 DTD:4.1.2019 PRONOUNCED ON 22.2.2019 SO FAR AS IT RELATES TO THE REJECTION OF TRANSFER OF PERMITS NO.25/2000, 27/2000 & 29/2000 AS PER ANNEXURE-J ETC.
THESE WRIT PETITIONS COMING ON FOR ‘PRELIMINARY HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel Sri.K.V.Sateeshchandra accepts notice for respondent No.4.
2. Learned High Court Govt. Pleader accepts notice for respondent Nos.1 and 2.
3. The petitioner has challenged the order passed by the respondent No.1 dated 04.01.2019 so far as it relates to the rejection of transfer of permits inter- alia seeking a direction to respondent Nos.1 and 2 to transfer the said permits in the name of the petitioner.
4. At the outset, an objection is raised by the learned senior counsel Sri. S. Vijayashankar representing the respondent No.4 that the order impugned is appealable and as such, the writ petitions are not maintainable. The learned senior counsel Sri.Ashok Haranahalli, representing the petitioner though fairly admits that it is an appealable order but submits that there is no regular Presiding Officer functioning in the appellate tribunal, hence there is no impediment for entertaining the present petitions on merits.
5. In reply, the learned High Court Govt.
Pleader appearing for the respondent Nos.1 and 2 submits that the appellate tribunal is functioning albeit by way of some ad-hoc arrangement and as such, if the petitioner files an appeal there would be no impediment for consideration of the same. Reliance is placed on the order of this court dated 07.01.2019 in writ petition Nos.35204-35207/2018.
6. In the present proceedings, the petitioner is challenging the order passed under Section 82 of the Motor Vehicles Act, 1988 (for short ‘the Act’). Indisputably, the said order is appealable under the provisions of the Act. It is settled law that no writ petition can be entertained circumventing the alternative remedy provided under the Act. The reasons assigned by the petitioner for invoking the writ jurisdiction cannot be appreciated, in view of the functioning of the tribunal which is evident from the submission made by the learned High Court Govt.
Pleader and the orders passed by this court in W.P. Nos.35204-35207/2018. Moreover, the issue involved herein is a mixed question of fact and law and the same requires to be adjudicated before the appellate forum, the machinery contemplated under the Act.
7. Hence, for the foregoing reasons, the writ petitions cannot be entertained. Accordingly, stands dismissed with liberty to the petitioner to file the statutory appeal before the appellate tribunal under Section 89 of the Act within a period of two weeks from today. If such an appeal is filed, the tribunal shall consider the same on merits and pass appropriate orders in accordance with law after hearing the parties. All rights and contentions of the parties are left open.
8. If such an appeal is filed within a period of two weeks, the tribunal shall consider the same on merits without objecting on the aspects of limitation.
With the aforesaid observations and directions, the writ petitions are disposed off.
Chs* Sd/- JUDGE