IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION NO.48778/2019 (MV) Between:
Khurram Khan S/o Khayum Khan Aged 24 years No.12, 1st Main, 5th Cross Lakkasandra Bengaluru – 560 030. ... Petitioner (By Sri M.E. Nagesh., Advocate) And:
1. The State of Karnataka by its Principal Secretary to Transport Department, M.S. Building Dr. B.R. Ambedkar Veedhi Bengaluru – 560 001.
2. The Commissioner for Transport TTMC Building, K.H. Road Bengaluru – 560 027.
3. The Regional Transport Officer & Registering Authority Bengaluru (Central), Jayanagar Bengaluru – 560 041.
4. The Inspector of Motor Vehicles Officer of the Regional Transport Officer, Bengaluru (Central), Jayanagar Bengaluru – 560 041.
5. The Regional Transport Officer K.R. Puram, Bengaluru PIN – 560 036.
6. The Secretary Regional Transport Authority Tumakuru – 572 101. ... Respondents (By Smt. Rashmi Patel, HCGP for R1) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue a writ of prohibition restraining the respondents from enforcing the system of blacklisting of the vehicle No.KA-06-C-6829 as per Annexure-G and etc., This Writ Petition coming on for Preliminary hearing, this day, the Court made the following:
O R D E R Issue notice to respondents.
Learned Government Advocate is directed to take notice for respondents.
2. In the instant writ petition, petitioner has sought for the following reliefs:
a) Call for records b) Issue a writ of prohibition restraining the respondents from enforcing the system of blacklisting of the vehicle No.KA-06/C-6829 as per Annexure - G.
c) And for any order or direction to the respondent No.3 & 4 to consider the prayer for renewal of fitness certificate of the vehicle KA-06/C-6829 without reference to blacklisting of the vehicle.
d) And for any order or direction as this Hon’ble Court deems fit to pass in the interest of justice.
3. Undisputedly petitioner has not been heard before passing Annexure-G, by which, his civil rights have been affected. Therefore, ‘Annexure-G’ is treated as show cause notice issued to the petitioner.
4. Petitioner is hereby directed to furnish explanation along with any judicial pronouncements in identical matters, if any. After receipt of the petitioner’s explanation, the concerned Authority is hereby directed to pass a speaking order and communicate decision within a period of six weeks and till then, not to precipitate any action on the petitioner.
With the above observations, petition stands disposed of.
Sd/- JUDGE nms