- 1 - NC: 2025:KHC:5793 WP No. 25819 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 25819 OF 2019 (GM-RES) BETWEEN: 1. SRI. NANJESHI GOWDA S/O RANGAPPA, AGED ABOUT 58 YEARS, PROPRIETOR OF M/S.MARUTHI ENTERPRISES, NO.19/20, LAKSHMI VENKATESWARA NILAYA, AMBA LAYOUT, CHIKKABANAVARA, BANGALORE-560 090. 2. MR H.A.DILIP KUMAR S/O ANNAGOWDA, AGED ABOUT 40 YEARS, NO.W.187, 3RD FLOOR, HMT QUARTERS, JALAHALLI, BANGALORE-560 013. 3. MR K.M.HALAPPA, S/O MALLAPPA, AGED ABOUT 64 YEARS, NO.735, 5TH MAIN, 5TH CROSS, VIJAYANAGAR, BANGALORE-560 040. 4. MR V.SUBRAMANI S/O S.VEERABADRAIAH, AGED ABOUT 52 YEARS, NO.28, 4TH CROSS, K.P.AGRAHARA, MAGADI ROAD, BANGALORE-560 023. …PETITIONERS (BY SRI. SRUJAN.B.RAJ., ADVOCATE FOR SRI. N.SHIVAKUMAR., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5793 WP No. 25819 of 2019 AND: 1. SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTH WESTERN RAILWAY, BANGALORE DIVISION, BANGALORE-560 023. 2. SENIOR SECTION ELECTRICAL ENGINEER(POWER), BANGALORE CANTONMENT, SOUTH WESTERN RAILWAY, BANGALORE-560 023. 3. SENIOR DIVISIONAL ELECTRICAL ENGINEER, SOUTH WESTERN RAILWAY, STATION BANGALORE CITY, BANGALORE DIVISION, BANGALORE-560 023. …RESPONDENTS (BY SRI. KUSHAL GOWDA., ADVOCATE FOR SRI. ABHINAY.Y.T., ADVOCATE FOR R1 TO 3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Srujan B.Raj., counsel on behalf of Sri.N.Shivakumar., for the petitioners and Sri.Kushal Gowda., counsel on behalf of Sri.Abhinay.Y.T., for respondents 1 to 3 have appeared in person. - 3 - NC: 2025:KHC:5793 WP No. 25819 of 2019 2. Annexures-E, E1, E2 and E3 are called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The principal ground on which this Court is asked to quash the penalty notices is that they are opposed to the principles of natural justice. The petitioners contend that no show cause notice were issued to them. The penalty notices are issued without issuing a show cause notice, the penalty notices at Annexures-E, E1, E2 and E3 are to be treated as show cause notices. The petitioners are at a liberty to give a reply and also submit a representation and put froth their grievance within four weeks from today. Upon submission of such reply and the representation, the Railway Authorities are directed to consider the reply and the representation submitted by the petitioners within two weeks and act in accordance with the law. Till the consideration of the reply and the representation, the Railway Authorities shall not precipitate the matter. - 4 - NC: 2025:KHC:5793 WP No. 25819 of 2019 5. Resultantly, the Writ Petition is disposed of. SD/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 30