IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.11691/2019 (MV) BETWEEN:
RAMESH T., S/O LATE THIRUMALAPPA AGE 48 YEARS, NO.6 17TH CROSS, 7TH MAIN BTM 2ND STAGE BENGALURU-560 076 …PETITIONER (BY SRI M.E.NAGESH, ADV.) AND:
THE REGIONAL TRANSPORT AUTHORITY BENGALURU RURAL BDA COMPLEX, KORAMANGALA BENGALURU-560 036 REP. BY ITS SECRETARY. …RESPONDENT (BY SRI DILDAR SHIRALLI, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE REGIONAL TRANSPORT AUTHORITY, BENGALURU RURAL DATED 09.01.2019 PRONOUNCED ON 30.01.2019 IN SL No.18 SUBJECT NO.55/2018-2019 AS PER ANNEXURE-K.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for the respondent.
2. The petitioner has challenged the order passed by the Regional Transport Authority, Bengaluru Rural dated 09.01.2019 pronounced on 30.01.2019 in Sl.No.18, Subject No.55/2018-19 as per Annexure-K to the writ petition.
3. The petitioner is claiming to be the transferee of the stage carriage permit issued by the RTA Bengaluru Rural for the route Basaveshwara Temple to Bengaluru.
4. At the outset, the learned High Court Government Pleader for the respondent would submit that the petitioner has rushed to this Court sans exhausting alternative and efficacious remedy of appeal available under the Motor Vehicles Act, 1988 ['Act' for short]. It is further submitted that the KSRTC is the necessary and proper party to the proceedings but not arrayed in the present writ petition.
5. It is apparent that the petitioner has invoked the writ jurisdiction circumventing the statutory remedy of appeal available under the Act that too without impleading the necessary party to the proceedings.
For the aforesaid reasons, writ petition is not maintainable and accordingly stands disposed of, with liberty to the petitioner to avail the statutory remedy of appeal available under the Act.
If such an appeal is filed by the petitioner within a period of four weeks from the date of receipt of certified copy of the order, the Appellate Authority shall decide the matter on merits in an expedite manner in any event not later than eight weeks from the date of filing of the appeal, without objecting to the period of limitation.
Writ petition stands disposed of accordingly.
Sd/- JUDGE NC.