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 Nos.8481 – 8490/2019 (MV) BETWEEN:
SRI M.V.SUBRAMANYA S/O LATE M.V.VENKATAPPA, AGED ABOUT 72 YEARS UDAYARANGA MOTOR SERVICE PETE BEEDHI, MALAVALLI, MANDYA DISTRICT-571 430 …PETITIONER (BY SRI B.R.SUNDARARAJA GUPTA, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT MULTI STORIED BUILDINGS Dr. AMBEDKAR VEEDHI, BENGALURU-560 001.
2 . THE COMMISSIONER FOR TRANSPORTS TTMC BUILDING, 1ST FLOOR, SHANTHINAGAR, BENGALURU-560 027.
3 . THE REGIONAL TRANSPORT OFFICER OPP GHOUSIA COLLEGE, MYSURU ROAD, RAMANAGARAM-571 511 4 . THE REGIONAL TRANSPORT OFFICER MANDYA-571 401 5 . THE REGIONAL TRANSPORT OFFICER MYSORE-570024 6 . THE REGIONAL TRANSPORT OFFICER CHAMARAJANAGAR-570014. …RESPONDENTS (BY SRI SHIVAPRABHU S. HIREMATH, AGA.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN THE RESPONDENTS FROM ENFORCING THE SYSTEM OF BLACK LISTING TEN VEHICLES OF THE PETITIONER LISTED BELOW: 1) KA-55/6999 2) KA-54/2799 3) KA-54/6444 4) KA-54/6660 5) KA-11/9339 6) KA-11/A-9559 7) KA-11/A-6555 8) KA-11/A-9666 9) KA-11/A-1234 10) KA-11/A-
6444.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 petitions deserve to be disposed of in similar terms.
2. It is not in dispute that the petitioner has not been heard before passing Annexures-B1 to B8, by which his civil rights have been affected. Therefore, the impugned Annexures shall be treated as show cause notices 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 petitions stand disposed of.
NC.
Sd/- JUDGE