Disposed

G Basha Sab v. the State of Karnataka

Karnataka HC12 Aug 2024WP/21090/2024

Case brief

AI extract

What is this about?

In a writ petition filed under Articles 226 and 227 of the Constitution, the High Court of Karnataka, following J.V. Shivaganesh, directed that the blacklisting order be treated as a show-cause notice, reserved liberty for the petitioner to submit an explanation, and prevented respondents from taking precipitate action pending consideration of that reply.

What did the court decide?

Writ petition disposed; Annexure-A treated as show-cause notice; liberty granted to petitioner to submit reply; respondents directed to consider reply within eight weeks without precipitate action.

G Basha Sab Vs the State of Karnataka — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC:32187 WP No. 21090 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF AUGUST, 2024 BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA

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WRIT PETITION NO.21090 OF 2024 (MV)

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BETWEEN:

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G. BASHA SAB S/O. JABBAR KHAN AGED ABOUT 52 YEARS, NO.437, 4^TH CROSS, SIDDARAMESHWARA BADAVANE, DAVANAGERE – 577 001. ... PETITIONER

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(BY SRI B.R. SUNDARA RAJA GUPTA.,ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001.

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COMMISSIONER FOR TRANSPORTS TTMC BUILDING, 1^ST FLOOR, KENGAL HANUMANTHAIAH ROAD, SHANTHINAGAR, BANGALORE – 560 027.

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THE REGIONAL TRANSPORT OFFICER BELLARY – 583 101.

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THE REGIONAL TRANSPORT OFFICER DAVANAGERE – 577 001. ... RESPONDENTS

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(BY SRI K. MANJUNATH, HCGP)

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2 - NC: 2024:KHC:32187 WP No. 21090 of 2024

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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 SYSTEM OF BLACKLISTING OF VEHICLE OF THE PETITIONER BEARING NOS.KA.02/AA-9277 VIDE ANNEXURE-A; DIRECTING THE R4 TO CONSIDER THE PRAYER FOR CANCELLATION OF THE HIRE PURCHASE ENTRY IN RESPECT OF VEHICLE NO.KA 02/AA 9277.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The petitioner is seeking for the following prayers:

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i) issue a writ of prohibition restraining the respondents from enforcing the system of blacklisting of Vehicle of the petitioner bearing Nos.KA.02/AA-9277 vide Annexure-A;

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ii) and issue a writ in the nature of mandamus directing the 4^th respondent to consider the prayer for cancellation of the hire purchase entry in respect of vehicle No. KA 02/AA 9277.

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Heard learned counsel for the petitioner and

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learned High Court Government Pleader for the respondent and perused the material on record.

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Both the counsels submit that the petition is

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squarely covered by decision of this Court in identical writ

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3 - NC: 2024:KHC:32187 WP No. 21090 of 2024

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petitions in the case of J.V. Shivaganesh and Another

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v. The State of Karnataka and others¹

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(J.V.Shivaganesh) and this Court has passed the following order:

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“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.

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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.

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With the above observations, petitions stand disposed of."

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The petitioner has called in question the impugned blacklisting of the vehicle of the petitioner

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1 W.P. No.42270-42271/2019 D.D. 11.09.2019

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4 - NC: 2024:KHC:32187 WP No. 21090 of 2024

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bearing No.KA-02/AA-9277 vide Annexure-A and the petitioner was not been heard before passing the impugned blacklisting.

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As the petitioner's civil rights have been affected without hearing the petitioner, the petitioner needs to be heard before passing Annexure-A. In the circumstances, this Court would pass the following:

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ORDER

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(i) Writ Petition is disposed of in terms of the decision in J.V. Shivaganesh’s case.

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(ii) Annexure-A to be treated as a show-cause notice.

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(iii) Liberty is reserved to the petitioner to submit reply / explanation to Annexure-A as well as submit representation / reply to the respondents along with documents within two weeks from the date of receipt of the certified copy of the order.

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5 - NC: 2024:KHC:32187 WP No. 21090 of 2024

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(iv) On such reply / representation, the respondents are directed to consider and pass appropriate orders on the same in accordance with law within an outer limit of eight weeks from the date of receipt of the reply / representation.

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(v) Till then, the respondents are directed not to precipitate or take any action against the petitioner till such consideration of the reply / representation.

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Sd/(K.S. HEMALEKHA) JUDGE

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AN/-

G Basha Sab v. the State of Karnataka

Case brief

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G Basha Sab v. the State of Karnataka

Case brief

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