- 1 - NC: 2025:KHC:5082 WP No. 1633 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 1633 OF 2025 (T-MVT) BETWEEN: MRINAL VIKRAM JAVAJI S/O JAVAJI SRINIVASALU AGED ABOUT 38 YEARS ”PRANAVA” NO.50, 10TH MAIN 20TH CROSS, BSK 2ND STAGE BENGALURU-560 070. …PETITIONER (BY SRI. B R SUNDARA RAJA GUPTA, ADV. AND SRI J SRINIVASALU, ADV.) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT M S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU- 560 001. 2. COMMISSIONER FOR TRANSPORTS TTMC BUILDING, 1ST FLOOR KENGAL HANUMANTAIAH ROAD SHANTHINAGAR, BANGALORE-560 027. 3. THE REGIONAL TRANSPORT OFFICER BENGALURU CENTRAL, HSR LAYOUT BENGALURU-560102. …RESPONDENTS (BY SRI. V SHIVAREDDY, AGA FOR R1 TO R3) Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5082 WP No. 1633 of 2025 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAINING THE RESPONDENTS FROM ENFORCING THE SYSTEM OF BLACKLISTING OF VEHICLE OF THE PETITIONER BEARING NO.KA-01-/MQ 7479 VIDE ANNX-A AND DIRECT THE R-3 TO CONSIDER THE PRAYER FOR TRANSFER OF VEHICLE IN QUESTION FOR FUTURE TRANSACTION IN RESPECT OF VEHICLE NO. KA01/MQ 7479. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner, a transferee of Vehicle bearing No.KA- 01-MQ-7479 is before this Court under Article 226 of the Constitution of India questioning the blacklisting of vehicle of the petitioner bearing No.KA-01-MQ-7479 and also for a writ of mandamus directing third respondent to consider the prayer for transfer of vehicle in question for future transaction. 2. This Court on 28.01.2025 directed the learned Additional Government Advocate to accept notice for respondents and to get instructions. - 3 - NC: 2025:KHC:5082 WP No. 1633 of 2025 3. Learned Additional Government Advocate on instructions has filed memo dated 31.01.2025 enclosing three documents and the memo filed by the learned Additional Government Advocate reads as follows: “The counsel for the respondents – State humbly submits as under: It is submitted that the petitioner had purchased the vehicle vide Tax Invoice on 20.05.2017. The copy of the Tax Invoice is herewith enclosed as DOCUMENT-1. Thereafter, Form No.21 sale letter has been issued by the Dealer o the vehicle on 31.08.2017. The copy of the Sale Letter is herewith enclosed as DOCUMENT-2. The Registration fee and also motor vehicle tax are paid on 31.08.2017. It is submitted that, for the purpose of GST Tax, the date of Invoice is material for computation of tax. The date of tax Invoice is admittedly issued during KVAT regime pursuant to audit proceeding and thereafter based on the Circular dated 03.04.2023 issued by the Government of India, Ministry of Road - 4 - NC: 2025:KHC:5082 WP No. 1633 of 2025 Transport and Highway bearing No.RT-110 36/09/23/MVL, Transport Department has blacklisted the vehicle, as the audit report states there is short payment of the tax. The copy of the Circular dated 03.04.2023 is herewith enclosed as DOCUMENT-3. The blacklisting of the vehicle without hearing is bad in law. Hence, for the aforesaid and circumstances of the case, it is prayed that this Hon’ble Court may kindly be pleased to dispose of the above petition and to direct the respondent to hear the petitioner and thereafter, pass appropriate orders in the interest of justice.” 4. Learned counsel for the petitioner Sri.B.R.Sundara Raja Gupta also submits that blacklisting of vehicle is without affording any opportunity and the same is in violation of principles of natural justice. - 5 - NC: 2025:KHC:5082 WP No. 1633 of 2025 5. Taking note of the above submission as well as memo filed by learned Additional Government Advocate dated 31.01.2025, the following: ORDER a) Writ petition is allowed in part. b) Annexure-A, blacklisting of vehicle bearing No.KA-01-MQ-7479 is quashed. c) The respondent Nos.2 and 3 are directed to afford an opportunity of hearing to the petitioner and thereafter pass appropriate order in accordance with law. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 43