IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.544 & 24271 – 24274/2019 (MV) BETWEEN:
KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, K.H. ROAD, BENGALURU-560027 BY ITS CHIEF LAW OFFICER …PETITIONER (BY SRI HAREESH BHANDARY T., ADV.) AND:
1 . KARNATAKA STATE TRANSPORT AUTHORITY T.T.M.C. BUILDING, 1ST FLOOR, 'A' BLOCK, SHANTHINAGAR, BANGALORE-560027, BY ITS SECRETARY.
2 . ADDITIONAL COMMISSIONER FOR TRANSPORT & SECRETARY KARNATAKA STATE TRANSPORT AUTHORITY, T.T.M.C. BUILDING, 1ST FLOOR, 'A' BLOCK, SHANTHINAGAR, BANGALORE-560027.
3 . SMT.NAUSHEEN NAAZ MAJOR, NO.18-7-41, ABAD PET, HINDUPUR, ANDHRA PRADESH DISTRICT - 515201 4 . SMT.R.MAHESHWARI MAJOR, PROP: CHITTOR PUBLIC TRANSPORT SERVICE COMPANY, PRAKASHAM HIGH ROAD, CHITTOR DISTRICT, ANDHRA PRADESH-517001 5 . SMT.T.N.SAKUNTHALA J. REDDY MAJOR, PROP: J.N.R. MOTOR SERVICE, VENUE ROAD, MADANAPALLI, CHITTOR DISTRICT ANDHRA PRADESH-517001 6 . SRI S.P. VIJAYAKUMAR MAJOR, PROP: MALLIKARJUNA SWAMY MOTOR SERVICE, HOUSE NO.2/322, ALL BANK EMPLOYEES COLONY, ADHONY, KARNOOL, ANDHRA PRADESH-518523. …RESPONDENTS (BY SRI SHIVA PRABHU S. HIREMATH, AGA FOR R-1 & R-2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE R-2 DATED 09.11.2017, 04.07.2017, 27.07.2018, 27.07.2018 AND 26.12.2017 VIDE ANNEXURES-C, D, E, F AND G RESPECTIVELY.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2.
2. The matters are taken up for final disposal with the consent of learned counsel appearing for both the parties.
3. The petitioner has challenged the orders passed by the second respondent dated 09.11.2017, 04.07.2017, 27.07.2018 and 26.12.2017 vide Annexures-C, D, E, F and G respectively.
4. Learned counsel appearing for the respondents placing reliance on the order of the Cognate Bench of this Court in W.P.No.540/2019 [D.D. 08.08.2019] would submit that the petition is not maintainable in view of the alternative and efficacious remedy available under the provisions of Motor Vehicles Act, 1988 [‘Act’ for short].
5. Indisputably, the alternative statutory remedy available under the Act has not been availed by the petitioner.
6. Hence, writ petitions stand rejected reserving liberty to the petitioner to avail the alternative remedy available under the Act within a period of four weeks from the date of receipt certified copy of the order. If such proceedings are initiated, the Tribunal shall consider the same in accordance with law on merits in an expedite manner preferably within a period of two months, without objecting to the period of limitation.
Office to return the certified copy/original order impugned to the petitioner keeping the photocopy of the same for record purposes, forthwith.
Sd/- JUDGE NC.