Sri G Jemmi Williams vs The State Of Karnataka on 7 February, 2020

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Karnataka High Court

Sri G Jemmi Williams vs The State Of Karnataka on 7 February, 2020

Equivalent citations: AIRONLINE 2020 KAR 576

Bench: B.M.Shyam Prasad

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 07TH DAY OF FEBRUARY 2020

                         BEFORE

       THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD

           WRIT PETITION NO. 2944 OF 2020 (MV)


BETWEEN:

SRI G. JEMMI WILLIAMS
SON OF WINSTONE VIDHYADHAR
AGED ABOUT 50 YEARS,
NO.230/C DVM COLONY
NEAR MINI VIDHANASOUDHA
BEHIND GOVERNMENT GRANGE
DEVANAHALLI TOWN
BENGALURU - 562 110.
                                        ... PETITIONER
(BY SRI. C.M.S. SHARIFF, ADVOCATE)


AND:

1.     THE STATE OF KARNATAKA
       BY ITS SECRETARY TO GOVERNMENT
       TRANSPORT DEPARTMENT
       M. S. BUILDING
       DR. AMBEDKAR VEEDHI
       BENGALURU - 560 001.

2.     KARNATAKA STATE TRANSPORT AUTHORITY
       TTMC BUILDING,1ST FOOR
       KENGAL HANUMANTAIAH ROAD,
       SHANTHINGAR
       BENGALURU - 560 027.
                           2




3.    THE REGIONAL TRANSPORT OFFICER
      NELAMANGALA REGION
      NELAMANGALA
      BENGALURU - 562 123.

4.    THE REGIONAL TRANSPORT OFFICER
      DEVANAHALLI REGION
      DEVANAHALLI - 562 110.

5.    THE REGIONAL TRANSPORT OFFICER
      BENGALURU RURAL, BDA COMPLEX
      KORAMANGALA
      BENGALURU - 560 034.

6.    THE REGIONAL TRANSPORT OFFICER
      YESHWANTHAPURA REGION
      YESHWANTHAPURA
      BENGALURU - 560 022.

7.    THE REGIONAL TRANSPORT OFFICER
      RAJAJINAGARA REGION
      RAJAJINAGARA
      BENGALURU - 560 010.

8.    THE REGIONAL TRANSPORT OFFICER
      RAJARAJESHWARI NAGARA REGION
      RAJARAJESHWARI NAGARA
      BENGALURU - 560 098.

9.    THE REGIONAL TRANSPORT OFFICER
      RAMANAGARA REGION
      RAMANAGARA - 562 159.

10.   THE REGIONAL TRANSPORT OFFICER
      YELAHANKA REGION
      YELAHANKA - 560 061.
                                 3




11.   THE REGIONAL TRANSPORT OFFICER
      CHIKKABALLAPURA REGION
      CHIKKABALLAPURA - 562 101.


12.    THE REGIONAL TRANSPORT OFFICER
      JAYANAGARA REGION
      JAYANAGARA - 560 041.
                                            ... RESPONDENTS

(BY SRI. KIRAN KUMAR, HCGP)

     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 SYTEM OF BLACK LISTING THE VEHICLE KA-
43/5111 OF AT ANNEXURE-A OF THE PETITION.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:


                        ORDER

Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

2. The petitioner is aggrieved by the black-listing of his vehicle and as such, has filed this writ petition for the following reliefs:-

"i) Issue a writ of prohibition restraining the respondents from enforcing the system of 4 black listing the vehicle KA-43/5111 at Annexure-A of the petition.

ii) 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. The learned Counsel for the petitioner submits that the petitioner's essential grievance is that the black- listing of his vehicle is without an opportunity of being heard. Further, the learned Counsel for the petitioner relies upon the orders of this Court in W.P.Nos.42270-42271/2019 (MV) wherein, this Court in similar circumstances has disposed of the writ petitions on 11.09.2019, treating the computer generated 'Vehicle Registration Status' as 'Show Cause notices', requiring such petitioners to file explanation with further direction to the concerned Authority to consider such explanation and pass speaking order and communicate the decision to such petitioners within six weeks observing that no precipitative action shall be taken until such decision is taken.

4. The learned Government Pleader does not dispute that the concerned are unable to substantiate that Annexure- A is proceeded by notice.

5. In view of these circumstances, this Court is of the considered view that this writ petition could also be disposed of with similar direction. As such, the following:-

ORDER

a) The Annexure - A shall be treated as 'Show Cause notice' issued to the petitioner.

b) The petitioner shall furnish explanation in response to such notice within a period of two weeks from the date of receipt of certified copy of this order.

c) The concerned Authority shall consider such explanation and pass speaking order within a period of six weeks from the date of receipt of explanation from the petitioner as referred above.

d) The concerned Authority shall not take any precipitative action until decision is taken.

The writ petition stands accordingly disposed of.

SD/-

JUDGE nv

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