IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION No.540/2019 (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., Advocate) And 1. Karnataka State Transport Authority T.T.M.C. Building 1st Floor, ‘A’ Block Shanthinagar Bengaluru – 560 027. By its Secretary 2. Additional Commissioner for Transport and Secretary Karnataka State Transport Authority T.T.M.C. Building 1st Floor, ‘A’ Block Shanthinagar Bengaluru – 560 027.
3. Sri. B.V. Ashok Aged about 39 years Prop: Sri. Venkateshwara Motor Service No.9A, Race Course Road Madavnagar Bengaluru – 560 009. ... Respondents (By Sri E.S.Indiresh, AGA) This Writ Petition is filed under Articles 226 and 227 of Constitution of India, praying to quash the order passed by respondent No.2 dated 22.11.2017 vide annexure-C; grant an interim order to stay to the renewal of stage carriage permits infavour of the respondent No.3 passed by respondent No.2 dated 22.11.2017 vide annexure-C, pending disposal of the writ petition.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER In the instant case petitioner has sought for the following reliefs:-
a) Issue a Writ in the nature of Certiorari, quashing the order passed by the 2nd respondent bearing Order No. STA – 6 / RENL - 371/2017, dated 22.11.2017 vide Annexure-C.
b) Grant such other reliefs in the interest of justice and equity.
2. Undisputedly petitioner has a remedy of revision under Section 90 of the Motor Vehicles Act, 1988, without exhausting the statutory remedy the petitioner has rushed before this Court.
3. Learned counsel for the petitioner intends to contend that behaviour of the second respondent in passing the order dated 22.11.2017, namely petitioner has not been heard before passing the order at Annexure-C.
4. These are all disputed matters which are required to be considered in the revision. Therefore, Writ Petition stands disposed of as it is pre-mature. Petitioner is permitted to file revision before the Revisional Authority under Section 90 of the Motor Vehicles Act, 1988, within a period of four weeks from the date of receipt of this order. Thereafter concerned authority to expedite the matter by passing a speaking order on the petitioner’s revision petition.
Sd/- JUDGE KPS