D R CHANDRAMOHAN RAO Vs. STATE

JUDGEMENT

(1.) The order dated 23-12-1978 passed by the Karnataka State Transport Appellate Tribunal, Bangalore, rejecting the Appeal No. 730/78 preferred by the petitioner as barred by time, is challenged in this petition under Art. 226 of the Constitution.

(2.) The contention of Sri M. R. V. Achar, the learned Counsel for the petitioner, is that as per Rule 178(1) of the Karnataka Motor Vehicles Rules, 1963 (hereinafter referred to as 'the Rules') the appeal was required to be filed within 30 days from the date of receipt of the order and in the instant case, the order passed by the R.T.A. Bangalore was not served upon the petitioner ; therefore, the petitioner has preferred the appeal within 30 days from the date of receipt of a certified copy of the order and as such, the appeal filed by the petitioner was in time; therefore, it was contended that the KSTAT was not right in dismissing the appeal as barred by time on the ground that the limitation for preferring the appeal commenced from the date of the order.

(3.) The R.T.A. has passed the order on 2-5-1978 and the petitioner was not served with a copy of that order. He applied for a copy of the order on 26th September 1978 and on the same day it was supplied to him and thereafter, within thirty days, he has filed the appeal on 16-10-1978.