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2024 Supreme(Online)(KAR) 1596
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 41626 OF 2019 (GM-RES)
BETWEEN:
SHARAN DESAI, MS USA S/O LATE SHRI HANMANTHA RAO DESAI, EX MLA (AFZALPUR)
M-BLOCK, APRT NO.106, FIRST FLOOR, RENAISSANCE EXOTICA, JAKKUR PLANTATION ROAD, YALAHANKA HOBLI, BANGALORE NORTH, BANGALORE-560 064.
…PETITIONER (BY SRI. SHARAN DESAI, ADVOCATE (PARTY-IN-PERSON))
AND:
Digitally signed by R HEMALATHA
1. THE POLICE SUB INSPECTOR (PSI)
Location: HIGH COURT OF YELAHANKA TRAFFIC POLICE STATION, YELAHANKA, KARNATAKA BENGALURU-560 065.
2. THE COMMISSIONER OF POLICE TRAFFIC CENTRAL SUB DIVISION NO.5, 3RD FLOOR, TRAFFIC HEAD QUARTERS, INFANTRY ROAD, BENGALURU-560 001.
3. THE CHIEF SECRETARY HOME DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.
…RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO THE RESPONDENTS TO REFUND THE ILLEGALLY COLLECTED FINE OF RS.1,100.00, ALONG WITH DAMAGES COST OF RS.5,300.00 VIDE ANNEXURE-E AND W AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner parked his Baleno RS Car with registration No.
KA 50 Z 4998 on the main road, Route No. 9 connecting to Route No. 44, to visit the Yelahanka Police Station and inquire about the status of a complaint filed under Section 70 of the Karnataka Police Act, 1963. Upon exiting the Police Station, the petitioner was surprised to find that his car had been towed by the Yelahanka Traffic Police for parking in a no-parking zone.
2. The petitioner returned to the Police Station to inform them that there was no signboard indicating the area as a no- parking zone and requested the release of his car. The Station House Officer advised the petitioner to lodge a complaint at the Yelahanka Traffic Police Station.
3. Immediately, the petitioner went to the Yelahanka Traffic Police Station where, upon inquiry, he was instructed by the concerned Traffic Police Officer to pay a fine amount, including towing charges, to retrieve his car for parking in a no-parking area. The petitioner, left with no choice, paid a total of Rs.1,100/- as fine and towing charges and reclaimed his car.
4. The petitioner has approached this Court seeking a directive for the respondents to refund the Rs.1,100/- collected as fine and towing charges, primarily arguing that at the time of parking, there were no visible sign boards indicating the area as a no-parking zone. To substantiate this claim, the petitioner has provided photographs (Annexures A, F, G, H, J, K, and L) showing the absence of signboards or their visibility to motorists at the location where the car was parked.
5. In response, the State Government has filed objections, presenting photographs and asserting that the entire main road has been designated as a no-parking zone since 18.11.2008, and an announcement was made to clear vehicles parked there.
6. The petitioner maintains that no such announcement was made by the Police to clear the vehicle. Despite the notification declaring the entire main road as a no-parking zone, the petitioner argues that it was the responsibility of the Police to prominently place signboards informing motorists not to park there.
7. The photographs submitted by the petitioner clearly depict that there were no signboards where he parked his car, and those placed along the main road were not visible to motorists.
8. Therefore, due to the respondents' failure to place signboards at appropriate locations, it cannot be concluded that the petitioner knowingly parked in a no-parking zone, and thus, he should not be liable to pay fines for parking and towing charges.
9. Consequently, the petition is disposed of with directions to respondents No. 1 to 3 to refund the Rs.1,100/- collected from the petitioner as fine and towing charges within four weeks from the date of receipt of a certified copy of this order.
Ordered accordingly.
