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2026 DAILYLAW 21312 (KAR)

THE PRINCIPAL v. THE REGIONAL TRANSPORT OFFICER

WP/17046/2026 · 2026-06-11

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28366 WP No. 17046 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17046 OF 2026 (MV) BETWEEN: THE PRINCIPAL NAGARJUNA PU COLLEGE NO 38/1, RAMAGONDANAHALLI YELAHANKA BENGALURU - 560 064. …PETITIONER (BY SRI. B R SUNDARA RAJA GUPTA, ADVOCATE) AND: THE REGIONAL TRANSPORT OFFICER YELAHANKA BENGALURU - 560 064. …RESPONDENT (BY SRI. MANJUNATH K, HCGP) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER/ENDORSEMENT BEARING NO. RTO/Y/TRANSPORT/2025-26 DATED 02-6-2026 MARKED UNDER ANNEXURE A BY ISSUE OF A WRIT OF CERTIORARI OR ANY OTHER APPROXIMATE WRIT ORDER OR DIRECTION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28366 WP No. 17046 of 2026 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed aggrieved by the endorsement dated 02.06.2026, whereby respondent No.2 has refused to grant Fitness Certificate to the vehicle of the petitioner which is 15 years old. 2. Learned counsel for the petitioner submits that it is covered by the judgment of a Co-ordinate Bench of this Court in Smt.Sharadamma Vs. State of Karnataka and Ors – W.P.No.21991/2019 and connected matters dated 20.08.2019 and the Co-ordinate Bench of this Court basing on the said judgment passed several orders directing the respondents to grant Fitness Certificate. 3. Learned HCGP appearing on behalf of the respondents submits that Section 56 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’ for short) deals with Certificate of Fitness for transport vehicles and Section 57 of the Act deals with appeals. Any person aggrieved by an order of the Authority under Section 56 of the Act, within a period of 30 days from the date on which he has received the notice of - 3 - HC-KAR NC: 2026:KHC:28366 WP No. 17046 of 2026 the such order can appeal to the Appellate Authority and the Appellate Authority shall give notice of the appeal to the Original Authority and after giving an opportunity, shall pass an order. It is submitted that the petitioner is having an alternative remedy under Sections 56 and 57 of the Act and without exhausting the remedy, the petitioner has come before this Court. 4. Having heard the learned counsel for the petitioner and learned HCGP for respondent, perused the material on record. 5. The petitioner is questioning the endorsement refusing to grant Fitness Certificate. The petitioner’s remedy is under Section 56 of the Act. If there is any order of this Court which is in favour of the petitioner, it can be brought to the notice of the Appellate Authority. When there is an effective alternative remedy, each and every case, this Court cannot exercise its jurisdiction under Article 226 of the Constitution of India. Accordingly, this Court is passing the following: - 4 - HC-KAR NC: 2026:KHC:28366 WP No. 17046 of 2026 ORDER i) Accordingly, the writ petition is disposed of. ii) The respondents are directed to avail remedy under Section 57 of the Motor Vehicles Act, 1988, within a period of one week from the date of receipt of copy of this order and the Appellate Authority shall consider the same in accordance with law and pass orders within two weeks thereafter. iii) Pending IAs, if any, in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MDS List No.: 1 Sl No.: 32