IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.49777/2019 (MV) BETWEEN:
SRI K.SANJAY S/O KRISHNE GOWDA, AGED ABOUT 33 YEARS, R/AT No.228/C, MAZID ROAD, ATTIBELE, ANEKAL TALUK, PARVATHINAGAR, BENGALURU-562107. …PETITIONER (BY SRI R.LOKESH, ADV.) AND:
1. THE REGIONAL TRANSPORT OFFICER & TAXATION AUTHORITY, ELECTRONIC CITY, B.G.ROAD, DEVARACHIKKANAHALLI, BENGALURU-560076 2. THE REGIONAL TRANSPORT OFFICER, CHANDAPURA, BENGALURU-562106 .…RESPONDENTS (BY SRI E.S.INDIRESH, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE PROCEEDINGS OF THE RESPONDENT AUTHORITY DATED 04.10.2019 MARKED ANNEXURE-M TO THE ABOVE WRIT PETITION AND DIRECT THE RESPONDENT AUTHORITY TO RELEASE THE VEHICLE BY ACCEPTING THE PRESENT QUARTER TAX FOR THE PERIOD 01.09.2019 TO 30.11.2019 IN RESPECT OF VEHICLE KA-42-3421 TO USE THE VEHICLE ON RAOD AND TO ACEPT THE COMPOUNDING PENALTY FOR THE NON-PRODUCTION OF THE DOCUMENTS AT THE TIME OF CHECK REPORT DATED 01.08.2019.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for the respondents.
2. The matter is taken up for final disposal with the consent of learned counsel for the parties.
3. The petitioner has assailed the order of the respondent authority dated 04.10.2019 marked at Annexure-M to the writ petition inter alia seeking a direction to the respondent authority to release the vehicle by accepting the present quarter tax for the period 01.09.2019 to 30.11.2019 along with the compounding penalty for the non-production of the documents at the time of check report dated 01.08.2019 in respect of the vehicle KA-42-3421 to use the vehicle on road.
4. It is not in dispute that the order impugned is appealable under Section 15 of the Karnataka Motor Vehicles Taxation Act, 1957 [‘Act’ for short]. It is well settled law that no writ petition can be entertained circumventing the alternative and efficacious remedy available under the Act. The mixed question of facts and law involved herein, cannot be adjudicated under the writ jurisdiction.
Hence, the writ petition stands dismissed with liberty to the petitioner to avail the alternative remedy available under the Act. If such proceedings are initiated within a period of two weeks from the date of receipt of certified copy of the order, the Appellate Authority shall consider the matter in accordance with law in an expedite manner and shall take a decision on merits without objecting to the period of limitation.
Registry to return the original order at Annexure-M to the petitioner, keeping a photocopy of the same for the record purposes.
Sd/- JUDGE NC.