- 1 - NC: 2025:KHC:4260 WP No. 31170 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 31170 OF 2024 (MV) BETWEEN: BENGALURU TOURISTS TAXI OWNERS ASSOCIATION (REGD), REGD NO. T ALC-3/TUA/CR-4/97-88, NO.2944, 19TH MAIN, 6TH CROSS, HAL 2NDSTAGE, BANGALORE-560038, BY ITS PRESIDENT, (REG. UNDER KARNATAKA SOCIETIES ACT, 1960). …PETITIONER (BY SRI B R SUNDARA RAJA GUPTA, ADVOCATE) AND: 1. MINISTRTY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT DIVISION, TRANSPORT BHAVAN, NO.1, PARLIAMENT STREET, NEW DELHI-110001, BY ITS SECRETARY. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, MULTISTORIED BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560001. 3. THE COMMISSIONER FOR TRANSPORT IN KARNATAKA 1ST FLOOR, TTMC BUILDING, KENGAL HANUMANTAIAH ROAD, SHANTHINAGAR, BANGALORE - 560027. …RESPONDENTS (BY SRI AJAY PRABHU M, ADVOCATE FOR R1, SRI REUBEN JACOB, AAG A/W SRI S H RAGHAVENDRA, AGA FOR R2 AND R3) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4260 WP No. 31170 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R2 DATED 23.11.23 IN SO FAR IT RELATES TO NOT TO RENEW THE FITNESS CERTIFICATE WITHOUT COMPLIANCE OF THE FIXATION OF THE DEVICE WITH EMERGENCY PANIC BUTTON MARKED AS ANNEXURE-B NO.TD 37 AND DO 2019 AND ALSO QUASH THE DIRECTION CONTAINED IN THE CIRCULAR INSTRUCTION ISSUED BY THE R3 DATED 01.848/2022-23 IN SO FAR AS IT RELATES TO NOT TO RENEW THE FITNESS CERTIFICATE UNLESS DEVICE WITH EMERGENCY PANIC BUTTON FIXED AS PER ANNEXURE-C. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner-Association and the learned Additional Advocate General appearing for respondents No.2 and 3. 2. This petition is filed to quash the order dated 23.11.2023 marked at Annexure - B, in terms of which the vehicle owners of certain types of vehicle were directed to install the Vehicle Location Tracking Devices with Emergency Panic Button. Petitioner-Association also to quash the circular dated 27.11.2023 marked at - 3 - NC: 2025:KHC:4260 WP No. 31170 of 2024 Annexure - C wherein respondent-No.3 implemented the Vehicle Location Tracking Devices with Emergency Panic Button installation Scheme with effect from 01.12.2023 and direction was issued to issue the Fitness Certificate to the vehicles only in case the aforementioned device was installed to the vehicles covered under said circular. 3. Learned counsel appearing for the petitioner would submit that the members of the petitioner Association could not install the aforementioned device on account of high price fixed by some of the authorised dealers contrary to the Government Order dated 23.11.2023. 4. Learned Additional Advocate General submits that a meeting of the empanelled manufacturers of the device was convened and it is submitted that the manufacturers have agreed to reduce the price for the device and same is now produced along with the memo filed today. - 4 - NC: 2025:KHC:4260 WP No. 31170 of 2024 5. Learned counsel for the petitioner in turn would submit that the members of the petitioner-Association have no grievance in respect of the price fixed by the manufacturers of the device, in terms of the said memo. 6. Learned Additional Advocate General would submit that some of the owners of the vehicles who are the members of the petitioner-Association do not have the Fitness Certificate and the Fitness Certificate for the vehicles has expired before the implementation of the scheme i.e., before 19.06.2024. Thus, he would contend that the said vehicle owners whose vehicles Fitness Certificate has expired before 19.06.2024, should get the Fitness Certificate and get the aforementioned Device fitted into the vehicles. 7. Learned counsel for the petitioner on instructions would submit that the members of the petitioner-Association whose Fitness Certificate of the vehicles has expired before 19.06.2024, will get the - 5 - NC: 2025:KHC:4260 WP No. 31170 of 2024 Fitness Certificate issued and the Device fixed within two weeks from today. 8. The said submissions are placed on record. 9. As far as the petitioners whose Fitness Certificate for the vehicles expired after 19.06.2024, this Court is of the view that considering the peculiar circumstance of the case, two months time is to be granted to the said owners of the vehicle to get the Fitness Certificate issued and the Tracking Device installed. 10. With these observations, the Writ Petition is disposed of. 11. It is made clear that requirement of getting fitness certificate for plying the vehicle is not diluted. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 1 Sl No.: 20