RAJASHEKHAR SHIVAPPA ULLAGADDI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This matter has come up before this Court for final hearing today and this matter was also listed on 4.1.2019. The petitioners' counsel did not turn up and hence in order to give an opportunity to the petitioners, this matter was ordered to be listed today. Today also the petitioners' counsel is not present and hence the matter is taken up for final disposal .

(2.) The petitioners by invoking the writ jurisdiction under Articles 226 and 227 of the Constitution of India, and under section 482 of Cr.P.C., filed this petition praying this Court to issue a writ of certiorari by quashing the impugned order dated 16.6.2008 bearing No.DCB/MAG-1/Cr.P.C.-514/2007-08 passed by the 2nd respondent/the District Magistrate Uttara Kannada, vide Annexure-B and also sought for a writ in the nature of certiorari by quashing the order dated 31.10.2009 bearing No.DCB/MAG-1/ V-VA-17/09-10 passed by respondent No.3 Deputy Commissioner. The petitioners also sought a writ in the nature of certiorari declaring that the notifications Annexures-B and C are applicable only in respect of transportation of the stacking, handling, exporting, etc., of iron ore in Uttara Kannada district, but not in respect of other goods. The petitioners also sought for a writ in the nature of certiorari by quashing the impugned notice dated 6.8.2014 bearing No.SaPraSaAa/Ho/ UK/14-15 passed by respondent No.5, vide Annexure-H and to issue such other suitable order as this Court deems fit and proper in the circumstances of the case.

(3.) The petitioners in the petition have contended that the 1s t petitioner is the owner of the truck bearing No.MH-43/E-6953 and the petitioner No.2 is the driver of the said vehicle. The petitioner No.1 was engaged in transporting the goods i .e. , Net Cock (Coke) from Mangaluru to Koppal on hire basis by using his truck and the said truck passed through Karwar district. The District Magistrate on 16.6.2008 passed an order exercising the powers under section 133 of Cr.P.C., in respect of 10 owners of trucks indicated in the order Annexure-B, wherein the said owners were transporting iron ore and when loaded trucks were intercepted, it was found that there was an overloading of the iron ore. Under those circumstances, the 2nd respondent District Magistrate initiated proceedings under section 133 of Cr.P.C. for regulating the transportation, stacking, handling, exporting, etc. , ofiron ore in Uttara Kannada district and thereafter the District Magistrate passed an order that if the trucks are overloaded with iron ore, the authorities should impose a penalty of Rs.42,000/-. It is further contended that as per the provisions of Motor Vehicles Act, sections 113 to 115 deals with limits of weight, limitation on use and power to restrict the use of the vehicle, read with section 194 of said Act, imposed condition that whoever drives the vehicle or causes or allows the vehicle to be driven in contravention of the above said provisions, a penalty of Rs.2,000/- is imposable, in addition to that, an amount of Rs.1,000/- per ton of excess load.