AI Structured Summary
Not yet generated for this judgment
Judgment
The present writ petition is filed seeking the following prayers:
“WHEREFORE, the Petitioner most respectfully prays that this Hon'ble Court may be pleased to:
a)Issue a writ of certiorari or any other appropriate writ, order or direction, to set aside the Endorsement dated 27-07-2026, bearing No.ಉ � ಆ&��� � �� ಅ:ದಕ:ಮಂ:KA19D1967/2026-27 issued by Respondent No.3. (Vide Annexure-A).
b)Issue a writ of mandamus or any other appropriate writ, order or direction directing Respondent No.3 to consider the Petitioner's application dated 24-07-2026 for renewal of the Certificate of Fitness in respect of vehicle bearing Registration No. KA-19-D-1967 in accordance with the law. (Vide Annexure-B).
c)Pass such other order/s as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice and equity.”
Learned counsel for the petitioner submits that the respondents, without considering the settled legal position, have rejected the application of the petitioner seeking renewal of the Fitness Certificate. It is submitted that, in the case of Smt. In Sharadamma vs. the State of Karnataka and Others, arising out of W.P.No.21991/2019 and connected matters, this Court, by order dated 28.02.2019, has passed several orders directing the respondents to grant the Fitness Certificate. Learned counsel for the petitioner seeks a direction to the respondents to consider the petitioner’s application in accordance with law.
Learned HCGP, who takes notice on behalf of the respondents, has relied upon an order passed by this Court in the case of Principal Nagarjuna PU College vs. the Regional Transport Officer, Yelahanka, arising out of W.P.No.17046/2026 dated 11.06.2026, wherein this Court has held that the petitioner’s remedy is under Section 57 of the Act. The Court has also observed that if there is any order of this Court which is in favour of the petitioner, the same can be brought to the notice of the Appellate Authority. When there is an effective alternative remedy in each and every case, this Court cannot, exercise its jurisdiction under Article 226 of the Constitution of India.
Having heard the learned counsel for the petitioner and learned High Court Government Pleader appearing for the respondents, perused the material on record. Considering the order dated 11.06.2026 in the case of Principal Nagarjuna PU College, referred supra, this Court is passing the following:
ORDER
Accordingly, the writ petition is disposed
of, giving liberty to the petitioner to avail the appropriate remedy under Section 57 of the Motor Vehicles Act, 1988, within a period of one week from the date of receipt of the copy of the order and the Appellate Authority shall consider the same in accordance with law and pass appropriate orders.
The Registry is directed to return Annexures-A and B.
Pending IAs, if any, shall stand closed.