IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.538/2019 (MV) BETWEEN:
KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, K.H. ROAD BENGALURU – 560 027 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 – 560 027 BY ITS SECRETARY 2. ADDITIONAL COMMISSIONER FOR TRANSPORT & SECRETARY KARNATAKA STATE TRANSPORT AUTHORITY T.T.M.C. BUILDING, 1ST FLOOR, ‘A’ BLOCK SHANTHINAGAR, BANGALORE – 560 027 3. SMT. A.M. KALAIVANI AMMAL W/O A.M. MUNIRATHNAM AGED ABOUT 70 YEARS PROP: SRI. BHARATI BUS SERVICE GANDHINAGAR, KOLAR – 563101.
…RESPONDENTS [BY SRI SHIVA PRABHU S. HEREMATH, AGA FOR R1 & R2] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE R-2 DATED 13.10.2017 VIDE ANNEXURE – C.
THIS PETITION 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.
The petitioner has challenged the order passed by respondent No.2 dated 13.10.2017 whereby the permit of respondent No.3 has been renewed.
2. It is obvious that the petitioner has rushed to this Court without exhausting the alternative and efficacious remedy available under the provisions of the Motor Vehicles Act, 1988. The issue involved herein being mixed question of facts and law, it is appropriate for this Court to relegate the petitioner to avail the alternative remedy available under the Act.
3. Hence, the writ petition stands dismissed with liberty to the petitioner to avail the alternative remedy before the appropriate forum in accordance with law. If such proceedings are initiated within a period of two weeks from the date of receipt of certified copy of the order, the same shall be considered by the competent authority in accordance with law on merits after hearing the parties, in an expedite manner without objecting to the period of limitation. All the rights and contentions of the parties are left open.
The Registry shall return the original documents marked as Annexures to the petitioner keeping photocopies of the same for the record purposes.
Sd/- JUDGE PMR