The petition challenging suspension of a driving license was dismissed on the ground that an effective remedy by way of appeal under the Motor Vehicles Act, 1988 was available to the petitioner.
Writ petition and application dismissed with liberty to file appeal within four days.
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versus
STATE OF NCT OF DELHI & ANR ..... Respondents Through CORAM: HON'BLE MR. JUSTICE MANMOHAN O R D E R % 15.07.2016
Present writ petition has been filed challenging order dated 20th June, 2016 whereby the respondent No.1 has suspended the petitioner's driving license for a period of three months w.e.f. 31st March, 2016.
Learned counsel for petitioner states that the order of suspension has been passed contrary to the binding directions given by this Court vide judgment dated 2nd May, 2016 in petitioner’s initial writ petition being W.P.(C) No.2076/2016.
However, this Court is of the view that as the petitioner has an alternate effective remedy by way of an appeal under Section 19(3) of the Motor Vehicles Act, 1988, the present writ petition need not be entertained.
Consequently, the present writ petition and the application are dismissed with liberty to the petitioner to file an appeal and agitate all his grievances before the Appellate Authority. In the event, the appeal is filed within a period of four days, the Appellate Authority is
directed to decide the petitioner’s appeal within a period of two weeks from the date of filing of the appeal.
MANMOHAN, J JULY 15, 2016 KA
1 issue framed by the court
Whether the High Court can entertain a writ petition challenging suspension of a driving license when an effective statutory appeal remedy is available.
1 provisions across 1 enactments
Anirudh Wadhwa
State of NCT of Delhi
Manmohan
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
