IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.1055-1056 OF 2019 (MV) Between:
Smt. L.Rajamma, W/o. Sri Vasudeva Murthy, Aged about 58 years, Residing at:
No.258, Sri Rama Road, Fort Mohalla, Mysuru-570 001. ... Petitioner (By Sri. B.R.Sundara Raja Gupta, Advocate) And:
1. The Regional Transport Authority, Mysuru-570 001, by its Secretary.
2. The Karnataka State Road Transport Corporation, Kengal Hanumanthaiah Road, Bengaluru – 560 027, By its Managing Director. ... Respondents (By Sri. V.Shivareddy, HCGP for R1; Sri. Harish Kumar M.S. for R2) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order of R-1 passed in subjects No.12, 13 and 23 of 2012-13 and 22/2013-2014 dated 25.10.2018 in so far as it relates to item No.28 vide Annexure-C and the order passed in subject No.5/2017-18 dated 25.10.2018 in so far as item No.41 pertaining to permit No.1/93-94 vide Annexure-D and etc., These Writ Petitions coming on for Orders this day, the Court made the following:
ORDER The orders impugned in these Writ Petitions are as rightly pointed out by the learned High Court Government Pleader Sri.V. Shivareddy are statutorily appealable under Section 89 of the Motor Vehicles Act, 1988. Since the learned counsel for the petitioner had complained that the statutory Appellate Authority was not effectively functioning, the learned High Court Government Pleader has furnished the statistical data pursuant to the interim order of this court and the same apparently does not discredit the complaint of the learned counsel for the petitioner.
2. However, it is stated by the learned HCGP that with effect from 17.01.2019, the new incumbent is functioning as the Appellate Authority and therefore, if the petitioner presents the appeal along with the application for grant of interim relief, there would be no difficulty for taking up the said application in a time bound manner as may be prescribed by this Court. The learned HCGP hastens to add that all efforts will be made to ensure consideration of petitioner’s prayer for ad interim relief within two weeks from the date, the appeals are filed.
3. Keeping the above submission made on behalf of the respondents on record, these Writ Petitions are disposed off reserving liberty to the petitioner to avail the statutory remedy of appeal. If the petitioner files an appeal accordingly, along with an appropriate application for the grant of interim relief, the said application shall be taken up for consideration and also disposed off within a period of two weeks from the date, the appeals are presented, disregarding the scrutiny objections, if any, which shall be later attended to by the petitioner in due course.
4. All contentions of the parties are kept open. It is needles to mention that if the undertaking recorded by this Court as above is not complied with, the same shall be viewed very seriously.
5. The Registry is directed to return the certified copies of the orders impugned or other documents in these Writ Petitions after retaining photostat copies thereof, forthwith.
Costs made easy.
DS/-
Sd/- JUDGE