J.V. Shivaganesh vs The State Of Karnataka on 11 September, 2019

[Cites 2, Cited by 5]

Karnataka High Court

J.V. Shivaganesh vs The State Of Karnataka on 11 September, 2019

Bench: P.B. Bajanthri

                            1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 11TH DAY OF SEPTEMBER, 2019

                        BEFORE

      THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

          W.P. Nos.42270 - 42271/2019 (MV)

BETWEEN:

1.     J V Shivaganesh
       s/o J Venkatachalamaiah
       Aged about 50 years
       Balaji Transports, No.520
       16th Main, 15th Cross
       4th Sector, HSR Layout
       Bangalore-560 102.

2.     V Gopi
       s/o J Venkatachalamaiah
       Aged 58 years, Balaji Motor
       Service, Bamboo Bazar
       Chintamani, Chikkaballapura
       District.                       ... Petitioners

(By Sri B R S Gupta, Advocate)


AND:

1.    The State of Karnataka
      By its Secretary to Government
      Transport Department
      M S Building
      Dr.Ambedkar Veedhi
      Bangalore - 560 001.
                              2




2.   Karnataka State Road
     Transport Authority
     TTMC Building, 1st Floor
     Kengal Hanumantaiah Road
     Shathinagar, Bangalore -
     560 027.

3.   The Regional Transport Authority
     Chikkaballapur District
     Chikkaballapura - 563 125.

4.   Assistant Regional Transport
     Officer, Chintamani - 563125.

5.   The Regional Transport Officer
     K R Puram, Bangalore-560 016.

6.   The Regional Transport Officer
     Bangalore East Indiranagar
     Bangalore-560 038.

7.   The Regional Transport Officer
     Bangalore South, Jayanagar
     Shopping Complex, Jayanagar
     Bangalore-560 041.

8.   The Regional Transport Officer
     Bangalore Central, BDA Complex
     Koramangala, Bangalore-560034. ... Respondents

(By Sri E S Indiresh, AGA)

      These writ petitions are filed under Articles 226
and 227 of Constitution of India praying to issue a writ
of prohibition restraining the respondents from
enforcing the system of blacklisting of vehicles of
petitioners bearing Nos.KA01-AD-6848 and KA-07-
5232.
                                   3




      These petitions are listed for preliminary hearing
this day and with the consent of the counsel for parties,
the Court made the following:-

                                ORDER

Learned Additional Government Advocate accepts notice for the respondents.

2. In the instant writ petitions, petitioners have sought for the following reliefs:

i) issue a writ of prohibition restraining the respondents from enforcing the system of blacklisting of vehicles of the petitioners bearing Nos.KA01-AD-6848 and KA-07-5232:

ii) and grant such other relief as this Hon'ble Court deems fit in the interest of justice and equity.

3. Undisputedly petitioners have not been heard before passing Annexures-A1 and A2 respectively, by which, their civil rights have been affected. Therefore, Annexures-A1 and A2 are treated as show cause notices issued to the petitioners.

4. Petitioners are hereby directed to furnish explanation along with any judicial pronouncements in identical matters, if any. After receipt of the petitioners' 4 explanation, the concerned Authority is hereby directed to pass a speaking order and communicate decision within a period of six weeks and till then, not to precipitate any action on the petitioners.

With the above observations, petitions stand disposed of.

Sd/-

JUDGE Bkm

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