IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.49952/2019 (MV) BETWEEN:
AFSAR PASHA S/O MOHAMMED AMEER JAN, AGED ABOUT 43 YEARS, OPP. TO DARGA, KGF ROAD, MULABAGAL, KOLAR DISTRICT. …PETITIONER (BY SRI B.R.SUNDARARAJA GUPTA, ADV.) AND:
1 . STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT, M.S. BUILDING, Dr. AMBEDKAR VEEDHI, BANGALORE-560001.
2 . KARNATAKA STATE TRANSPORT AUTHORITY TTMC BUILDING, 1ST FLOOR, KENGAL HANUMANTHAIAH ROAD, SHANTHINAGAR, BANGALORE-560027 BY ITS SECRETARY 3 . THE REGIONAL TRANSPORT OFFICER, KOLAR-563101 4 . THE REGIONAL TRANSPORT OFFICER, KGF-563101 5 . THE REGIONAL TRANSPORT OFFICER, K.R.PURAM, BANGALORE-560001 6 . THE REGIONAL TRANSPORT OFFICER, TUMKUR-572101 7 . THE REGIONAL TRANSPORT OFFICER NELAMANGALA-562123 8 . THE ASSISTANT REGIONAL TRANSPORT OFFICER, MADHUGIRI-572132 …RESPONDENTS (BY SRI SHIVAPRABHU S. HIREMATH, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN THE RESPONDENTS FROM ENFORCING THE SYSTEM OF BLACK LISTING OF VEHICLE OF THE PETITIONER BEARING No.KA.06.C.3546.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the parties ad idem submit that the subject matter involved herein is similar to the issue considered and disposed of by this Court in W.P.Nos.42270-71/2019 [D.D 11.09.2019] and accordingly, the present writ petition deserves to be disposed of in similar terms.
2. It is not in dispute that the petitioner has not been heard before passing Annexure-A1, by which his civil rights have been affected. Therefore, the impugned Annexure shall be treated as show cause notice issued to the petitioner.
3. The petitioner is hereby directed to furnish the explanation if any, within a period of two weeks from the date of receipt of certified copy of the order and on submission of such explanation/reply, the concerned authority shall consider the same and take a decision in accordance with law after hearing the petitioner within a period of six weeks from the date of submission of the explanation/reply and till then the respondent authorities shall not precipitate any action against the petitioner.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.