M/S Kanker Roadways v. M/S Raipur Bus Service

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3190 of 2019 • M/s Kanker Roadways Through : Managing Director, Shri Navpreet Singh Garcha S/o Late Pritam Singh Garcha, R/o Kanker Roadways, Civil Lines, Raipur - 492001 (CG) ---- Petitioner

Versus

1. M/s Raipur Bus Service Bus Operator, G.E. Road, Pulgaon Naka, Durg-491001 (CG)

2. The Secretary, Regional Transport Authority, Durg Division, Durg - 491001 (CG)

3. The Secretary, Regional Transport Authority, Raipur Division, Raipur - 492001 ---- Respondents For Petitioner :

Shri Shailendra Kumar Bajpai, Advocate For Respondent/State :

Ms. Richa Shukla, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/09/2019

1. Heard.

2. Challenge in this petition is to the order dated 09.08.2018 with respect to the change of time.

3. Learned counsel for the petitioner submits that the Motor Vehicle Act, 1988 (for short 'the Act, 1988') do not provide for any change of time, therefore, for want of jurisdiction, the writ Court will have the jurisdiction to entertain the same.

4. Learned State counsel submits that under Section 90 of the Act, 1988 the petitioner can avail the judicial remedy of filing revision before the State

Transport Appellate Authority.

5. Considering the fact that the alternative remedy is available, this Court at this juncture do not want to go into the issue. The petitioner shall be at liberty to avail the remedy of revision in accordance with law before the State Transport Authority. The petitioner shall also be at liberty to raise all the legal grounds, which has been raised here in support of his contention. On such revision being filed, the State Transport Authority shall decide the same as expeditiously as possible.

6. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu