- 1 - NC: 2025:KHC:11805 WP No. 5682 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 5682 OF 2025 (MV) BETWEEN: M/S GOLDEN EAGLE ENTERPRISES (R) NO.5/2, SHOP NO.2, ROBERTSON ROAD, FRAZER TOWN, BANGALORE - 560 005 BY ITS PARTNERS 1. MOHAMMED SAJJAD SAIT 2. ABDUL SUBHAN 3. M MANJUNATH …PETITIONER (BY SRI. B R SUNDARARAJA GUPTA., ADVOCATE) AND: 1. THE CONTROLLER OF LEGAL METROLOGY METROLOGY DEPARTMENT NO. 1, ALI ASKAR ROAD, BENGALURU DISTRICT BENGALURU - 560052 2. THE CHIEF SECRETARY FOOD AND CIVIL SUPPLIES, ROOM NO.34, GROUND FLOOR VIKASA SOUDHA, BENGALURU - 560001 Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:11805 WP No. 5682 of 2025 3. THE COMMISSIONER FOR TRANSPORTS KARNATAKA TTMC BUILDING SHANTHINAGAR KENGAL HANUMANTAIAH ROAD BANGALORE 560 027 …RESPONDENTS (BY SRI. RAJKUMAR, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 19-12- 2024 RECEIVED ON THE SAME DAY MARKED UNDER ANNEXURE-D IN THE MATTER OF ISSUE OF RE-VERIFICATION CERTIFICATES PERTAINING TO AUTO RICKSHAW DIGITAL FARE METERS; DIRECT THE 1ST RESPONDENT TO CONSIDER THE PRAYER FOR ISSUE OF RE-VERIFICATION CERTIFICATE ONLY AFTER INSPECTION OF THE VEHICLE AND PRODUCTION OF TAMPER PROOF CERTIFICATE BY THE PETITIONER AS A CONDITION PRECEDENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD - 3 - NC: 2025:KHC:11805 WP No. 5682 of 2025 ORAL ORDER The petitioner is a manufacturer of Auto Rickshaw Digital Fare meters [Fare Meters], and it has sought for directions to the respondents to consider its representation dated 19.12.2024 [Annexure-D] with a further request for direction to the first respondent to direct the Inspectors working under its aegis to issue re-verification certificates only after obtaining the consent1 from the petitioner. 2. Sri B. R. Sundararaja Gupta, the learned counsel for the petitioner, submits that the first respondent has issued Circular dated 19.05.2015 stipulating, amongst others, that the manufacturers have to ensure that the Fare Meter displays the message "Tampered" on the meter if there is an attempt to tamper stipulating 1 A certificate of the meters being un-tampered - 4 - NC: 2025:KHC:11805 WP No. 5682 of 2025 that in the event there is any lapse in this regard, the manufacturers will be held responsible and their licenses either suspended or cancelled. 3. Sri B. R. Sundararaja Gupta emphasizes that the petitioner is constrained to file the subject representations because the Inspectors under the first respondent are mechanically issuing re-verification certificate at the end of each year without appropriate certification by the petitioner about the Fare Meters remaining un-tampered. Sri. Rajkumar, the learned Additional Government Advocate, is heard in the light of this grievance. 4. This Court must observe that if re- verification certificate is issued at the end of each year and that the re-verification certificate must be issued only after ensuring that the Fare Meters are not tampered, the first respondent, - 5 - NC: 2025:KHC:11805 WP No. 5682 of 2025 unless it has within its department, a method of verifying that the Fare Meters are not tampered, will have to necessarily ensure that the owners of the auto rickshaw which have these Fare Meters, secure appropriate certification in that regard from the petitioner/Manufacturers; this would especially be so because penal consequence would be attracted. Therefore, the petition stands disposed of by the following: ORDER a. The first respondent is directed to verify the process in place for issuance of re- verification certificate at the end of each year [if this is the norm] and issue appropriate instructions by way of Circular to the Inspectors not to issue re- verification certificate unless there is appropriate certification, either by the concerned manufacturer or due - 6 - NC: 2025:KHC:11805 WP No. 5682 of 2025 verification under Certificate from within its own department. b. The first respondent is directed to file a report in this regard with the Registry within eight [8] weeks from today. Sd/- (B M SHYAM PRASAD) JUDGE RB