- 1 - HC-KAR NC: 2025:KHC:48710 WP No. 52958 of 2018 C/W WP No. 52959 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.52958 OF 2018 (MV) C/W WRIT PETITION NO.52959 OF 2018 (MV) IN W.P. No.52958/2018 BETWEEN: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRL. SECRETARY, TRANSPORT DEPARTMENT, M.S. BUILDING, BENGALURU. 2. THE COMMISSIONER FOR TRANSPORT & ROAD SAFETY, SHANTHINAGAR, BENGALURU-560027. 3. THE DEPUTY COMMISSIONER FOR TRANSPORT AND SR. REGIONAL TRANSPORT OFFICER, KASTHURI NAGAR, BENGALURU (EAST). &PETITIONERS (BY SRI BHANU PRAKASH V.G., AAG A/W SMT. RASHMI M. RAO, HCGP) AND: M/S. IBIBO GROUP PVT. LTD., 3RD FLOOR, KARLE PREMIUM, NO.1, OLD AIRPORT ROAD, KODIHALLY, BENGALURU-560008 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. &RESPONDENT (BY SRI DHYAN CHINNAPPA, SENIOR COUNSEL A/W SRI ADITYA VIKRAM, ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48710 WP No. 52958 of 2018 C/W WP No. 52959 of 2018 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.03.2018 PASSED BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL PASSED IN REVISION PETITION NO.89/2018 VIDE ANNEXURE-F. IN W.P. NO.52959/2018 BETWEEN: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRL. SECRETARY, TRANSPORT DEPARTMENT, M.S. BUILDING, BENGALURU. 2. THE COMMISSIONER FOR TRANSPORT & ROAD SAFETY, SHANTHINAGAR, BENGALURU-560027. 3. THE DEPUTY COMMISSIONER FOR TRANSPORT AND SR. REGIONAL TRANSPORT OFFICER, K.R. PURAM, BENGALURU. ...PETITIONERS (BY SRI BHANU PRAKASH V.G., AAG A/W SMT. RASHMI M. RAO, HCGP) AND: M/S. IBIBO GROUP PVT. LTD., 3RD FLOOR, KARLE PREMIUM, NO.1, OLD AIRPORT ROAD, KODIHALLY, BENGALURU-560008. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. ...RESPONDENT (BY SRI DHYAN CHINNAPPA, SENIOR COUNSEL A/W SRI ADITYA VIKRAM, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.03.2018 PASSED BY THE KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL BENGALURU, PASSED IN REVISION PETITION NO.91/2018 VIDE ANNEXURE-F. - 3 - HC-KAR NC: 2025:KHC:48710 WP No. 52958 of 2018 C/W WP No. 52959 of 2018 THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 8B9 GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners-State have called in question the impugned orders dated 21.03.2018 passed by the Karnataka State Transport Appellate Tribunal (8the Tribunal9 for short) in the revision petitions, whereby the Tribunal has remanded the matter to the original Transport Authority for fresh consideration in accordance with law. 2. The grievance of the petitioners is that the Tribunal exercised revisional jurisdiction without examining the maintainability of the revision petitions and remanded the matter without adjudicating the preliminary objections raised by the petitioners. Brief facts: 3. The Enforcement Authorities of the Transport Department had initiated proceedings against the - 4 - HC-KAR NC: 2025:KHC:48710 WP No. 52958 of 2018 C/W WP No. 52959 of 2018 respondent-company alleging contravention of Section 93 of the Motor Vehicles Act, 1988 (8the MV Act9 for short) read with Rule 132 of the Karnataka Motor Vehicles Rules, 1989 (8the MV Rules9 for short). After issuing show-cause notices and considering the reply filed by the respondent, the Deputy Commissioner for Transport and Senior RTO passed orders directing initiation of prosecution. Aggrieved thereby, the respondent preferred revision petitions before the Tribunal, which, by the impugned order, remanded the matter to the original Transport Authority for fresh consideration. 4. Heard Sri Bhanu Prakash V.G., learned AAG along with Smt. Rashmi M. RAo, learned HCGP for the petitioners-State and Sri Dhyan Chinnappa, learned senior counsel along with Sri Aditya Vikram, learned counsel for the respondent. 5. Learned AAG for the petitioners contends that the Tribunal had no jurisdiction to entertain the revision - 5 - HC-KAR NC: 2025:KHC:48710 WP No. 52958 of 2018 C/W WP No. 52959 of 2018 petitions, as the impugned orders were passed by the Deputy Commissioner, acting only as an Enforcement Authority and not in the capacity of the Regional Transport Authority and therefore, Section 90 of the MV Act is not attracted. It is further contended that the Tribunal failed to adjudicate the issue of maintainability and mechanically remanded the matter. 6. Per contra, learned senior counsel appearing for the respondent contends that the Deputy Commissioner was acting as a delegate of Regional Transport Authority in view of the powers delegated under Rule 55 of the MV Rules, and therefore, the order was revisable under Section 90. It is submitted that the impugned order is a reasoned order of remand and no interference is called for in the writ jurisdiction. 7. Having regard to the material on record and the nature of the impugned order, this Court is of the opinion that the Tribunal has merely directed a fresh consideration - 6 - HC-KAR NC: 2025:KHC:48710 WP No. 52958 of 2018 C/W WP No. 52959 of 2018 by the original Transport Authority. The order of remand does not adjudicate upon the rights of the party nor does it cause any prejudice. At this stage, no ground is made out for interference under Articles 226 and 227 of the Constitution. All jurisdictional and factual issues remain open to be urged before the original Transport Authority. Accordingly, this Court pass the following: ORDER The writ petition is disposed of with the following directions: i. The impugned order dated 21.03.2018 passed by the Tribunal does not warrant interference, the order of the remand stands confirmed. ii. All contentions of both parties are kept open. The parties are at liberty to urge all the contention before the original Transport Authority. - 7 - HC-KAR NC: 2025:KHC:48710 WP No. 52958 of 2018 C/W WP No. 52959 of 2018 iii. No observation is made on the merits or the demerits of the rival claims. iv. The Transport Authority shall reconsider the matter and pass a speaking order strictly in accordance with law as expeditiously as possible. v. Parties shall appear before the Transport Authority on 18.12.2025, without awaiting any further notice. SD/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 35