IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.43503-43507/2019 (MV) BETWEEN:
SRI MD NAYEEM S/O MD ABID AGED ABOUT 56 YEARS PROP: MERCHANT TRANSPORT KOBARIPETE, HOSADURGA CHITRADURGA DISTRICT. …PETITIONER (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 ELECTRONIC CITY REGION ELECTRONIC CITY, BENGALURU-560100.
6. THE REGIONAL TRANSPORT OFFICER CHITRADURGA REGION CHITRADURGA-577501.
7. THE REGIONAL TRANSPORT OFFICER MADHUGIRI REGION MADHUGIRI-574224.
8. THE REGIONAL TRANSPORT OFFICER CHAMARAJANAGARA REGION CHAMARAJANAGARA-571313.
9. THE REGIONAL TRANSPORT OFFICER TUMAKURU REGION TUMAKURU-572101.
10. THE ASSISTANT REGIONAL TRANSPORT OFFICER, NELAMANGALA REGION NELAMANGALA-562123.
11. THE ASSISTANT REGIONAL TRANSPORT OFFICER, SIRA REGION SIRA-581401.
12. THE REGIONAL TRANSPORT OFFICER HASSAN REGION, HASSAN-573201.
13. THE ASSISTANT REGIONAL TRANSPORT OFFICER, TIPATUR REGION TIPATUR-572201.
14. THE REGIONAL TRANSPORT OFFICER RAJAJINAGAR REGION RAJAJINAGAR, BENGALURU-560010.
15. THE REGIONAL TRANSPORT OFFICER BANGALORE [NORTH REGION] BENGALURU-560063.
16. THE REGIONAL TRANSPORT OFFICER BANGALORE [WEST REGION] BENGALURU-560041. …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 THE MOTOR VEHICLE Nos.1. KA- 06/C-8579, 2. KA-01/AF-1100, 3. KL-23/A-2446, 4. KA-16/A-
8274 AND 5. KA-16/A-6600 AT ANNEXURE-A, B, C, D, AND E OF THE PETITIONER.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for the respondents.
2. The matter is taken up for final disposal with the consent of learned counsel for the parties.
3. The petitioner has sought for the following reliefs:
“[a] Issue a writ of prohibition restraining the respondents from enforcing the system of black listing the Motor Vehicle Nos. 1. KA-06/C-8579, 2. KA-01/AF-1100, 3. KL-23/A-2446, 4. KA-16/A-8274 and 5.
KA-16/A-6600 at Annexure-A, Annexure-B, Annexure-C, Annexure-D and Annexure-E of the petitioner.
[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.”
4. 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, these writ petitions deserve to be disposed of in similar terms.
5. The said submission is placed on record.
6. In view of the aforesaid, Annexures-A, B, C, D and E shall be treated as show cause notices issued to the petitioner. The petitioner 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 petitioner.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE NC.