B K NARAYANASWAMY Vs. REGIONAL TRANSPORT OFFICER SHIMOGA

JUDGEMENT

(1.) In this petition under Article 226(1)(a), (b) and (c) of the Constitution the petitioner who is the registered owner of the Matador Vehicle Bearing No. MES 3306, has challenged the correctness of the order passed by the R. T. O.. Shimoga dated 3-1-1979 (Ex. B) and also the order assed by the Deputy Commissioner for Transport Shimoga in Tax Appeal No. 7/79 dated 25-5-1979 (Ex. D).

(2.) The necessary facts for consideration of the contentions raised on behalf of the petitioner are not in dispute, The R. T.O. Chittoor after affording due opportunity to the petitioner, by his order dated 26-12-78 (Ex. C) suspended the registration certificate of the vehicle in question for a period of four months for the reasons recorded therein. Thereafter the R. T. O. Chittoor forwarded the impounded R. C. Book of the vehicle in question to the R. T. O. Shimoga. On receipt of the same the R. T. O Shimoga intimated the petitioner that he should not run the vehicle on the road for a period of four months from the date of surrender of the documents and further directed the petitioner to surrender the documents such as valid tax card, insurance certificate along with both the number plates and further to declare the place wher the vehicle would be stationed during the period of suspension.

(3.) Against the said order the petitioner went up in appeal before the Deputy Commissioner for Transport, Shimoga who by the order dated 25-5-79 has dismissed the appeal holding that in view of the order passed by the R. T. O. Chittoor which had not been challenged before the proper authority, by action been taken by the R. T. O. Shimoga, was nothing but to enforce the order of suspension pined by the R. T.O. Chittoor and, as such there was no illegality whatsoever.