IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION NOs.5785-5786/2019 (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. Sri.R.V.Subhash Chandra Bose, S/o late Venkatesam Cheety, Major, Prop: Sri.Venkateshwara Motor Service, Gandhinagar, Kolar – 563 101.
4. Sri.R.V.Balaji, S/o late Venkatesam Cheety, Major, Prop: Sri.Venkateshwara Motor Service, Gandhinagar, Kolar – 563 101. ...Respondents (By Sri.Dildar Shiralli, HCGP for R1 and R2; Sri. M.E.Nagesh, Adv., for R3 and R4) 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 04.06.2018 and order dated 06.06.2018 vide Annexure – C and C1 and etc., These petitions coming on for Preliminary Hearing this day, the Court made the following:
ORDER The petitioner – Karnataka State Road Transport Corporation has assailed the orders passed by respondent No.2 at Annexures “C” and “C1” dated 04.06.2018 and 06.06.2018. As against the said order, petitioner has an alternative and efficacious remedy under Section 90 of the Motor Vehicles Act, 1988. In that view of the matter, writ petitions are dismissed as not maintainable, reserving liberty to the petitioner to avail the alternative remedy, if so advised.
Office to return Annexures “C” and “C1” to petitioner’s counsel forthwith, subject to filing copy of the same for the purpose of record.
At this stage, learned counsel for petitioner submits that on account of there being a vacancy in the office of the Presiding Officer of the Karnataka State Transport Appellate Authority, a direction may be issued for an expeditious consideration of the revision petition if the same is so filed.
In the circumstances, the in-charge Presiding Officer is directed to consider the revision petition if so filed expeditiously and in accordance with law.
mgn/-
Sd/- JUDGE