IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50669/2019 (MV) BETWEEN:
SRI A.VENUGOPAL S/O ANJAPPA AGED ABOUT 55 YEARS, NO.276, PARVATHINAGAR ATTIBELE, ANEKAL BENGALURU-562 107 NOW R/AT NO.12/11, 4TH LINK ROAD, MADIVALA, BENGALURU-560 068 …PETITIONER (BY SRI R.LOKESH, ADV.) AND:
1 . THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT M S BUILDINGS Dr. AMBEDKAR VEEDHI BENGALURU-560 001 2 . KARNATAKA STATE TRANSPORT AUTHORITY TTMC, I FLOOR, A BLOCK BMTC BUILDINGS, K H ROAD, SHANTHINAGAR, BENGALURU-560 027 BY ITS SECRETARY 3 . THE REGIONAL TRANSPORT OFFICER BENGALURU CENTRAL, BDA COMPLEX, KORAMANGALA, BENGALURU-560 034 4 . THE ASSISTANT REGIONAL TRANSPORT OFFICER K.G.F., BANGARPET TALUK KOLAR DISTRICT-563 114 …RESPONDENTS (BY SRI SHIVAPRABHU S. HEREMATH, AGA.) 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 BLACK LISTING THE MOTOR VEHICLE KA-01-D-1584 AT ANNEXURE-B OF THE PETITIONER AND TO DIRECT THE R-3 TO ACCEPT THE APPLICATIONS FILED FOR VALIDATION OF VEHICLE DOCUMENTS SUCH AS TAX, FC TO USE THE VEHICLE ON ROAD.
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-B, 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.