IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50964/2019 (MV) BETWEEN:
SRI S.MANOHAR S/O SHANKAR RAO AGED ABOUT 60 YEARS PROP: SANDHYA TOURS AND TRAVELS No.24/13, AZEEMA BUILDING TSP ROAD, KALASIPALYAM BENGALURU-560002. …PETITIONER (BY SRI MOHAMED SUBHANULLA SHARIEF.C., 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 NELAMANGALA REGION NELAMANGALA-562123.
7. THE REGIONAL TRANSPORT OFFICER YESHWANTHAPURA REGION YESHWANTHAPURA-560022 BENGALURU.
8. THE REGIONAL TRANSPORT OFFICER RAJAJINAGARA REGION RAJAJINAGARA-560010 BENGALURU. …RESPONDENTS (BY SRI SHIVA PRABHU 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 IN RELATION TO PETITIONER VEHICLE Nos.KA- 01/A-4937 AND KA-01/AGED ABOUT YEARS-4947 AT ANNEXURE-A AND B RESPECTIVELY; AND ETC., 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.
2. 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.
3. It is not in dispute that the petitioner has not been heard before passing Annexures-A and B, by which his civil rights have been affected. Therefore, the impugned Annexures shall be treated as show cause notices issued to the petitioner.
4. 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.