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2025 DAILYLAW 74765 (KAR)

KARNATAKA STATE ROAD TRANSPORT CORPORATION v. THE REGIONAL TRANSPORT AUTHORITY

WP/23905/2021 · 2025-10-15

K S Hemalekha

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40976 WP No. 23905 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 23905 OF 2021 (MV) BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, CENTRAL OFFICE, K.H.ROAD, SHANTHINAGAR, BENGALURU - 560 027. BY ITS CHIEF LAW OFFICER (ROUTE) …PETITIONER (BY SRI. HAREESH BHANDARY T, ADVOCATE) AND: 1. THE REGIONAL TRANSPORT AUTHORITY TURUVANURU ROAD, NEAR RTO OFFICE, CHITRADURGA - 577 051 REPRESENTED BY ITS CHAIRMAN. 2. THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40976 WP No. 23905 of 2021 TURUVANURU ROAD, NEAR RTO OFFICE, CHITRADURGA - 577 051. 3. SRI. J.R. RAVI KUMAR S/O P.M. RAJASHEKARAPPA, AGED ABOUT 40 YEARS, PROP. MAHADEVI MOTORS NAYAKANAHATTI, CHITRADURGA - 577 536. …RESPONDENTS (BY SMT. RASHMI M. RAO, HCGP FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT OF RENEWAL DATED 17.2.2020 FOR THE PERIOD FROM 6.10.2021 TO 5.10.2026 IN RESPECT OF PERMIT NO.16/86-87 ISSUED BY THE R-2 BY PROCEEDINGS DTD.16.7.2021 VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:40976 WP No. 23905 of 2021 ORAL ORDER The present writ petition is filed by the Karnataka State Road Transport Corporation seeking to quash the endorsement dated 17.02.2020 at Annexure-A, whereby the permit issued in favour of respondent No. 3 has been renewed for the period from 6.10.2021 to 05.10.2026. 2. Learned counsel for the petitioner submits that no opportunity of hearing was afforded to the Corporation before granting the renewal and therefore, the said renewal order is unsustainable in law. 3. Per contra learned HCGP for the State submits at the outset that the writ petition is not maintainable, as the petitioner has challenged the endorsement issued by the second respondent-Regional Transport Authority. It is contended that the appropriate remedy available to the petitioner is to approach the State Transport Appellate Tribunal by filing a revision petition under Section 90 of the Motor Vehicles Act, 1988 (for short ‘the Act’). - 4 - HC-KAR NC: 2025:KHC:40976 WP No. 23905 of 2021 4. This Court has carefully considered the rival submissions and perused the material on record. Section 90 of the Act reads as under:- “ The State Transport Appellate Tribunal may, on an application made to it, call for the record of any case in which an order has been made by a State Transport Authority or Regional Transport Authority against which no appeal lies, and if it appears to the State Transport Appellate Tribunal that the order made by the State Transport Authority or Regional Transport Authority is improper or illegal, the State Transport Appellate Tribunal may pass such order in relation to the case as it deems fit and every such order shall be final”. (Emphasis Supplied) 5. A plain reading of the above provision makes it clear that when an order is made by a State Transport Authority or the Regional Transport Authority, no appeal lies therefrom, the proper remedy available to an aggrieved party is to invoke the revisional jurisdiction - 5 - HC-KAR NC: 2025:KHC:40976 WP No. 23905 of 2021 before the State Transport Appellate Tribunal under Section 90 of the Act. 6. In view of the availability of an alternative efficacious remedy, this Court is not inclined to adjudicate upon the validity of the impugned endorsement in the present writ proceedings. Accordingly, the following:- ORDER i. The Writ Petition stands disposed of, reserving liberty to the petitioner to file Revision under Section 90 of the Motor Vehicles Act, challenging the impugned endorsement of renewal dated 17.02.2020. ii. It is made clear that if such Revision is filed, the period during which the matter remained pending before this Court shall be excluded for the purpose of limitation under Section 14 of the Limitation Act, 1963. - 6 - HC-KAR NC: 2025:KHC:40976 WP No. 23905 of 2021 iii. The Revisional Authority, if approached, shall consider and dispose of the same expeditiously, in accordance with law. Sd/- ________________________ JUSTICE K.S. HEMALEKHA VS List No.: 1 Sl No.: 1 CT: BHK