AI Structured Summary
Not yet generated for this judgment
Judgment
Goutam Bhaduri, J
Heard.
Challenge in this petition is to the order dated 09.08.2018 with respect to the change of time.
Learned counsel for the petitioner submits that the Motor Vehicle Act, 1988 (for short 'the Act, 1988') do not provide for any change of time,
therefore, for want of jurisdiction, the writ Court will have the jurisdiction to entertain the same.
Learned State counsel submits that under Section 90 of the Act, 1988 the petitioner can avail the judicial remedy of filing revision before the State
Transport Appellate Authority.
Considering the fact that the alternative remedy is available, this Court at this juncture do not want to go into the issue. The petitioner shall be at
liberty to avail the remedy of revision in accordance with law before the State Transport Authority. The petitioner shall also be at liberty to raise all the
legal grounds, which has been raised here in support of his contention. On such revision being filed, the State Transport Authority shall decide the
same as expeditiously as possible.
With the aforesaid observation, the writ petition stands disposed of.