IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.51665/2019 (MV) BETWEEN:
1. SRI M.A. ZAHIR KHAN S/O M.A. AMANULLA KHAN AGED ABOUT : 50 YEARS TRANSPORT OPERATOR #4733/51, 2ND STAGE MARUTHI EXTENSION, MALUR KOLAR (DIST) 563 130.
2. SRI. R.M. VIJAYAKUMAR S/O LATE MALLESHAPPA AGED ABOUT : 52 YEARS TRANSPORT OPERATOR SIRA ROAD, TUMAKURU – 572 106.
3. SRI. H.S. MANOHAR S/O SRINIVASA SHETTY AGED ABOUT 55 YEARS TRANSPORT OPERATOR HEBBUR, TUMAKURU – 572 106.
…PETITIONERS (BY SRI C.MOHAMMED SUBHANULLA SHARIFF, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT M.S. BUILDING, Dr. AMBEDKAR VEEDHI BENGALURU-560001.
2. KARNATAKA STATE TRANSPORT AUTHORITY TTMC BUILDING, 1ST FLOOR KENGAL HANUMANTHAIAH ROAD SHANTHINAGAR, BANGALORE-560027.
3. THE REGIONAL TRANSPORT OFFICER BANGALORE CENTRAL, BDA COMPLEX KORAMANGALA, BENGALURU-560027.
4. THE REGIONAL TRANSPORT OFFICER INDIRANAGARA REGION INDIRANAGARA, BENGALURU-560038.
5. THE REGIONAL TRANSPORT OFFICER K.R. PURAM REGION K.R. PURAM, BENGALURU-560036.
6. THE REGIONAL TRANSPORT OFFICER KOLAR REGION KOLAR -563101.
7. THE REGIONAL TRANSPORT OFFICER ELECTRONIC CITY REGION ELECTRONIC CITY, BENGALURU -560 100.
8. THE REGIONAL TRANSPORT OFFICER KGF REGION KGF -563113.
9. THE REGIONAL TRANSPORT OFFICER KASTURINAGAR REGION KASTURINAGAR, BENGALURU-560041.
10. THE REGIONAL TRANSPORT OFFICER, JAYANAGARA REGION JAYANAGARA, BENGALURU -560041.
11. THE REGIONAL TRANSPORT OFFICER, TUMAKURU REGION TUMAKURU -572101.
12. THE REGIONAL TRANSPORT OFFICER NELAMANGALA REGION, NELAMANGALA -562123.
13. THE REGIONAL TRANSPORT OFFICER, RAJAJINAGAR REGION RAJAJINAGAR, BENGALURU -560010.
14. THE REGIONAL TRANSPORT OFFICER YESHWANTHAPUR REGION YESHWANTHAPUR, BENGALURU-560022.
15. THE REGIONAL TRANSPORT OFFICER CHIKKABALLAPURA REGION CHIKKABALLAPURA -562101.
16. THE REGIONAL TRANSPORT OFFICER DEVANAHALLI REGION DEVANAHALLI – 562110.
17. THE REGIONAL TRANSPORT OFFICER CHINTAMANI REGION CHINTAMANI – 563125 18. THE REGIONAL TRANSPORT OFFICER YELAHANKA REGION YELAHANKA, BENGALURU-560003.
19. THE REGIONAL TRANSPORT OFFICER RAMANAGARA REGION RAMANAGARA – 562 159. …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 THE VEHICLES OF 1ST PETITIONERS MOTOR VEHICLE Nos.1. KA-22/A-4646, THE 2ND PETITIONERS THE MOTOR VEHICLE No.KA-06/C-5788 AND THE 3RD PETITIONER IN THE REGISTERED OWNER OF MOTOR VEHICLE Nos.KA- 22/A-6211, AT ANNEXURE-A, B AND C RESPECTIVELY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for the respondents.
The matter is taken up for final disposal with the consent of learned counsel for the parties.
2. The petitioners have sought for the following reliefs:
“[a] Issue a writ of prohibition restraining the respondents from enforcing the system of black listing the Vehicles of 1st petitioners Motor Vehicle No.KA-22/A-4646, the 2nd petitioners the Motor Vehicle No.KA- 06/C-5778 and the 3rd petitioner is the registered owner of Motor Vehicle Nos.KA- 22/A-6211 at Annexure – A, Annexure – B and Annexure – C respectively.
[b] Grant such other relief as this Hon’ble Court deems just and necessary in the circumstances of the case in the interest of justice.”
3. Learned counsel appearing for both the parties submit ad idem that in identical circumstances in W.P.Nos.42270-42271/2019 [D.D. 11.09.2019], the Cognate Bench of this Court has directed to treat the orders passed by the authorities as show-cause notices and permitted the operators to furnish explanation. The concerned authority has been directed to pass a speaking order and communicate the decision after hearing the operators. Hence, this writ petition deserves to be disposed of in similar terms.
4. The said submission is placed on record.
5. In view of the aforesaid, Annexures-A, B and C shall be treated as show-cause notices issued to the petitioners. The petitioners shall furnish reply/explanation if any, within a period of two weeks from the date of receipt of certified copy of the order.
The concerned authority shall consider the same and take a decision in accordance with law in an expedite manner, in any event, not later than six weeks from the date of receipt of reply/explanation and till then, no precipitative action shall be taken against the petitioners.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE PMR