- 1 - NC: 2025:KHC:14366 WP No. 9918 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 9918 OF 2025 (MV) BETWEEN: M/S DWARAKA MOTOR DRIVING SCHOOL BALIGA BUILDING, MAIN ROAD, BELTHANGADY TQ AND P O, D K DISRICT 574214 REP BY ITS PROP MR YESHWANTH R BALIGA …PETITIONER (BY SRI. N SUKUMAR JAIN.,ADVOCATE) AND: 1. STATE OF KARNATAKA TRANSPORT DEPARTMEN, MULTI STORY BUILDING, BANGALORE - 560 001 REP BY ITS SECRETARY. 2. TRANSPORT COMMISSIONER 1ST FLOOR, TTMC BUILDING, BMTC COMPLEX, SHANTHINAGAR, BENGALURU - 560027. 3. ASST REGIONAL TRANSPORT OFFICER NO. 21-65// BIRWA TOWER BANTWAL D K DIST 574231. 4. REGIONAL TRANSPORT AUTHORITY PUTTUR TQ AND Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:14366 WP No. 9918 of 2025 BANNUR P O D K DIST - 574203. …RESPONDENTS (BY SRI.RAJKUMAR., AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR DATED 12.01.2023 IN S.SA/PK- 3/PR-76/2014-15 MARKED AS ANNX-D ISSUED BY THE R-2 AND TO GRANT ANY OTHER RELIEF UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER This petition is by the proprietor of a concern which is running a driving school in Dakshina Kannada District, and the petitioner is aggrieved by the Communication dated 12.01.2023 [Annexure-D] addressed by the Transport Commissioner, Bengaluru to the Regional Transport Officers of certain districts such as Udupi, Shimogga, Mangalore and the Assistant Regional Transport Officers. This Communication reads that those who approach for renewal of heavy vehicle licenses must be called upon - 3 - NC: 2025:KHC:14366 WP No. 9918 of 2025 to undergo a refresher course at the training centre established in Mangalore and produce a certificate. 2. Mr. N. Sukumar Jain, the learned counsel for the petitioner, submits that under Section 19(2A) of the Motor Vehicles Act, 1988 a licensed holder could be compelled to undergo refresher training either from a school or an establishment licensed under the relevant Rules only if the license is suspended and if a heavy vehicle license holder approaches for renewal, in the absence of statutory provision, the authorities cannot insist upon undergoing a refreshers course or produce a certificate in that regard. 3. Mr. Rajkumar, the learned Additional Government Advocate for the respondents, defends the impugned Communication dated 12.01.2023 asserting that it is an internal communication, but the learned Additional Government Advocate does not dispute that the - 4 - NC: 2025:KHC:14366 WP No. 9918 of 2025 authorities are insisting upon the persons who approach for renewal of heavy vehicle licenses to undergo refreshers course. 4. This Court for disposal of the petition has tried to find out the infringement that could be caused with this insistence because, for this Court's interference, infringement of a right must be a sine qua non. The learned counsel cannot articulate an infringement except for asserting that the statute does not provide for this requirement. In the light of the afore, the petition stands rejected. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr