Shri S.M.Firdous Ali v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [CIRCUIT BENCH AT PORT BLAIR] ...

WPA/418/2022 Shri S.M.Firdous Ali ... Petitioner Vs.

The Andaman and Nicobar Administration and others

...Respondents

Mr. KMB Jayapal ... for the petitioner Mr. Rakesh Kumar ... for the respondents September 23, 2022 [SR] Item No. 12 In this writ petition, the Order No.2868 dated 2nd August, passed by the Licensing Authority, Directorate of Transport, Andaman and Nicobar Islands is assailed.

The writ petitioner is a daily rated Bus Driver under the Department of State Transport, Andaman and Nicobar Administration. The driving license of the writ petitioner was suspended by an order No.746 dated 17th March, 2021. The said order was challenged by the writ petitioner in WPA/137/2022. The said writ petition was allowed by an order dated 28th April, 2022 by quashing the order dated 17th March, 2021 passed by the Licensing Authority on the ground of violation of principles of natural justice and for violation of the provision of Rules 19(1) (f) of the Motor Vehicles Act, 1988. The authority was directed to hear the matter de novo upon granting an opportunity of hearing to the petitioner. The petitioner was also granted liberty to inspect the records.

The petitioner was given an inspection of the record. Thereafter the Licensing Authority heard the petitioner's case upon granting him a reasonable opportunity of hearing and disposed of the petitioner's case by the order impugned.

The petitioner has a statutory right to prefer the appeal before the Appellate Authority under the provisions of Section 89(g) of the Motor Vehicles Act, 1988. On a perusal of the order, I do not find any violation of the principles of natural justice or that the order has been passed in excess of jurisdiction. The writ petition therefore is not maintainable in view of the statutory remedy which is not only alternative and efficacious but also creates a bar in entertaining the writ petition unless

there is a palpable violation of principles of natural justice or overt acts in excess of jurisdiction as was the case in the first round.

The writ petition is disposed of granting the petitioner a liberty to approach the Appellate Authority under the provision of Section 89(g) of the Motor Vehicles Act, 1988 on the self same cause, if otherwise permissible in law. The time period taken for prosecuting the writ petition before this court should be treated as prosecuting a case before a Court without jurisdiction.

Since, I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.

(Arindam Mukherjee, J.)