Court No. - 39
Case :- WRIT - A No. - 14468 of 2020 Petitioner :- Mukaddar Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Ram Misra Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.
The instant writ petition has been filed seeking following relief:
"(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 14/15.02.2020 passed by the Secretary, Regional Transport Authority, Jhansi as well as order/resolution dated 30.6.2010 passed by the Regional Transport Authority, Jhansi (Annexure No. 6 and 7 to the writ petition).
(ii) to issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to consider the application filed by the petitioner on 3.2.2020 on its merit and endorse the vehicle place by the petitioner in his permit.
(iii) to issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to consider the application filed by the petitioner on 3.2.2020 for renewal of his permit no. 1909/Stage Carriage granted on Chirgaon-Kakarai via Ramnagar Ghat-Gursarai- Garautha route.
iv) to issue any other and further order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iv) to award cost of the petition to the petitioner."
Learned Standing counsel has raised a preliminary objection that against the impugned order dated 14/15.2.2020 the petitioner has an alternative remedy to file an appeal under Section 89 (1) of Motor Vehicles Act, 1988 before the State Transport Appellate Tribunal and hence the writ petition may not be entertained. This fact has not been disputed by the learned counsel for the petitioner.
In view of the availability of the alternative remedy, we are not inclined to exercise extraordinary jurisdiction under Article 226 of the Constitution. The writ petition is accordingly dismissed.
Order Date :- 6.1.2021 Shahnawaz