Kiran Narayan Hatkar And Another v. The State Of Maharashtra And Others

{1} wp 1499.15.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1499 OF 2015 Kiran Narayan Hatkar and another Petitioners

Versus

The State of Maharashtra and others Respondents Mr. B.S.Deshmukh advocate for the petitioners Mr. S.S.Tope, GP for Respondent Nos. 1 to 4 ____ CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 3rd March, 2015.

PER COURT :- The order passed under section 86 of the Motor Vehicles Act directing suspension of permit is appealable and the appeal lies to the State Transport Appellate Tribunal under section 89 of the Motor Vehicles Act, 1988.

Keeping option of the petitioner to avail of alternate remedy provided under the Act open, writ petition stands disposed of. If the petitioner tenders an appeal within a period of one week from today, the appellate Tribunal shall take appropriate decision, after extending opportunity of hearing to the petitioners

{2} wp 1499.15.odt as expeditiously as possible and preferably within a period of two weeks from the date of its receipt. It would be open for the appellate Tribunal to consider the objection to the validity and propriety of the resolution adopted by the District Transport Authority Jalgaon and pass suitable order in the matter. Parties to act upon authenticate copy.

(P.R. BORA, J) (R.M.BORDE, J) vbd