Karnataka High Court
Manjunatha vs The State Of Karnataka on 11 March, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 6743 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 6743 OF 2025 (T-MVT)
BETWEEN:
MANJUNATHA
S/O HANUMANTHA SHETTY,
AGED ABOUT 42 YEARS,
NO.628, MAIN ROAD,
HEBBALE, SOMWARPET TALUK,
COORG DISTRICT-571 232
...PETITIONER
(BY SRI B R SUNDARA RAJA GUPTA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT,
M.S.BUILDING,
DR AMBEDKAR VEEDHI,
BANGALORE-560001
Digitally
signed by
LEELAVATHI S 2. COMMISSIONER FOR TRANSPORTS
R
TTMC BUILDING, 1ST FLOOR,
Location: High
Court of KENGAL HANUMANTHAIAH ROAD,
Karnataka SHANTHINAGAR,
BANGALORE-560027
3. THE REGIONAL TRANSPORT OFFICER
BENGALURU EAST, INDIRANAGARA,
BENGALURU-560 038
...RESPONDENTS
(BY SRI HEMA KUMAR. K, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
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NC: 2025:KHC:10258
WP No. 6743 of 2025
A WRIT OF PROHIBITION RESTRAINING THE RESPONDENTS
FROM ENFORCING THE SYSTEM OF BLACKLISTING OF VEHICLE
OF THE PETITIONER BEARING NO.KA-03-/NH 4898 AND ETC.,.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition the petitioner seeks following reliefs:
(i) "Issue a writ of prohibition restraining the
respondents from enforcing the system of
blacklisting of vehicle of the petitioner bearing
No.KA-03/NH-4898.
(ii) And issue a writ in the nature of mandamus directing
the 3rd respondent to consider the prayer for transfer
of vehicle in question for future transaction in
respect of vehicle No.KA-03/NH-4898.
(iii) And grant such other reliefs as this Hon'ble Court
deems fit in the interest of justice and equity."
2. Heard the learned counsel for the petitioner and
learned Additional Government Advocate for the respondents
and perused the material on record.
3. In addition to reiterating the various contentions
urged in the petition and referring to the material on record,
learned counsel for the petitioner invited the attention of this
Court to the status of the subject vehicle as downloaded from
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the internet vide Annexure-B in order to contend that the issue
in controversy involved in the present petition is directly and
squarely covered by the following judgments of this Court:
Sl Case number Date of Disposal
No.
4. It is submitted that the present petition may be
disposed of in terms of the aforesaid judgments and by
reserving liberty in favour of the petitioner to submit the
representation to the respondents with a direction to consider
the same and take appropriate decision and pass appropriate
orders within stipulated time, till which the respondents may be
directed not to take precipitative/coercive steps against the
petitioner.
5. Per contra, learned Additional Government
Advocate submits that if the petitioner submits his
representation, the same shall be considered by the respondent
in accordance with law.
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6. In W.P.No.13317/2020 (Moinuddin's case) supra,
this Court followed the earlier judgments of this Court and held
as under:
"ORDER
Learned HCGP accepts notice for the respondents.
In this petition, petitioner has sought for the following reliefs:
"i) issue a writ of prohibition restraining the
respondents from enforcing the system of blacklisting
of vehicle of the petitioner bearing No. KA-
14/A/3684.
ii) and grant such other reliefs as this Hon'ble Court
deems fit in the interest of justice and equity."
2. I have heard learned counsel for the petitioner
and learned counsel for the respondents and perused the
material on record.
3. This Court in identical matter in the case of
'J.V.Shivaganesh and another Vs. State of Karnataka
and others' - W.P.Nos.42270-42271/2019 (MV)
decided on 11th September 2019 has passed the following
order:
"..............................................
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 to the petitioners.
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4. Petitioners are hereby directed to
furnish explanation along with any judicial
pronouncements in identical matters, if any. After
receipt of the petitioners' 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."
4. In view of the aforesaid facts and circumstances and
in the light of the aforesaid decision of this Court passed
under identical circumstances, I pass the following:
ORDER
i) Petition is disposed of in terms of the decision of
this Court in the case of 'J.V.Shivaganesh and
another Vs. State of Karnataka and others' -
W.P.Nos.42270-42271/2019 (MV) dated
11.09.2019.
ii) Annexure-A is treated as a Show Cause Notice to
the petitioner.
iii) Liberty is reserved in favour of the petitioner to
submit his reply/explanation to Annexure-A as well as
representation to the respondents along with
documents, judicial precedents etc.
iv) Upon receipt of the aforesaid reply/explanation,
representation, documents etc., the respondents are
directed to consider and pass appropriate orders on the
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same in accordance with law within a period of eight
weeks from the date of receipt of the same and
communicate the same to the petitioner.
v) It is further directed that till the aforesaid orders to
be passed by the respondents are received by the
petitioner, respondents shall not take any precipitative
steps nor precipitate any action against the petitioner.
Subject to the aforesaid directions, petition stands disposed
of."
7. Though several contentions have been urged by
both sides in support of their respective claims, having regard
to the specific submission made on behalf of the petitioner that
they would submit representations along with relevant
documents within period of two weeks from today, I deem it
appropriate to dispose of the petition, reserving liberty in
favour of the petitioner to submit the representation to the
respondents within a period of two weeks from today.
8. If such representation along with documents is
submitted by the petitioner within a period of two weeks from
today, the concerned respondent shall consider the same and
pass appropriate orders/take appropriate decision within a
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period of eight weeks from the date of submission of the
representation.
9. It is further directed that till consideration of the
said representation, respondents shall not take precipitative/
coercive steps against the petitioner.
With the aforesaid directions petition stands disposed of.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
MR
