Disposes of writ petition allowing alternative remedy. Holds appeal against permit suspension under Section 86 lies to State Transport Appellate Tribunal.
Writ petition disposed allowing alternate remedy of appeal to State Transport Appellate Tribunal.
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wp 1499.15.odt
{1}
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 :-
1 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.
2 Keeping option of the petitioner to avail of alternate remedy provided under the Act open, writ petition stands disposed of.
3 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
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.
vbd
2 issues framed by the court
Whether appeal lies against an order under Section 86 of the Motor Vehicles Act directing suspension of permit.
Whether to allow the alternative remedy available under the Motor Vehicles Act, 1988.
2 provisions across 2 enactments
Kiran Narayan Hatkar
The State of Maharashtra
R.M. Borda
P.R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
