- 1 - NC: 2025:KHC:13243 WP No. 9363 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 9363 OF 2025 (T-MVT) BETWEEN: 1. S. ARUNKUMAR S/O SHANTHARAJU AGE ABOUT 31 YEARS R/AT NO.4, NEAR NAGAMANI FARM BANDEMATA, KENGERI BENGALURU – 560 060 2. KEMPAIAH S/O. THEEBAIAH AGED ABOUT 52 YEARS RESIDING AT NO. 517, NEAR AYYAPPA TEMPLE, ATTIBELE VILLAGE AND POST ANEKAL TALUK BENGALURU – 562 107 …PETITIONERS (BY SRI. B.R. SUNDARA RAJA GUPTA, ADVOCATE) AND: 1. THE REGIONAL TRANSPORT OFFICER, RAMANAGARA- 562 159 2. INSPECTOR OF MOTOR VEHICLES OFFICE OF THE REGIONAL TRANSPORT OFFICER RAMANAGARA- 562 159 …RESPONDENTS (BY SRI. HEMA KUMAR K., ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13243 WP No. 9363 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE THE SEIZURE AND DETENTION OF THE VEHICLES NO. KA-51/AF 1626 AND KA 51/AA-0419 BY RESPONDENT NO.1 AND 2 AS ILLEGAL AND WITHOUT AUTHORITY OF LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “a) Declare and seizure and detention of Vehicles No.KA51/AF 1626 and KA 51/AA-0419 by respondent No.1 and 2 as illegal and without authority of law and b) Direct the respondents to accept the current taxes for the period 1-4-2025 in respect of both the vehicles and consider the prayer for renewal of fitness certificate and grant such other reliefs in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. Learned counsel for the petitioners has filed a memo dated 27.03.2025, which reads as under: “The petitioners submit that without prejudice to the contentions urged in the above writ petition the petitioners - 3 - NC: 2025:KHC:13243 WP No. 9363 of 2025 may be permitted to pay the arrears of tax for the period 1-4- 2024 to 31-3-2025 in four monthly equal installments reserving liberty to claim refund as contemplated under Section 7 of the Karnataka Motor Vehicles Taxation Act and permit the petitioners to pay the current tax for the period 1- 4-2025 onwards and for a direction to release the vehicles in question by accepting the current taxes and grant such other reliefs, in the interest of justice and equity.” 4. The aforesaid memo is placed on record. 5. In view of the aforesaid facts and circumstances and the memo filed by the petitioners, I deem it just and appropriate to direct the concerned respondents to release the subject vehicles in favour of the petitioners by imposing certain conditions. 6. In the result, I pass the following: ORDER (i) The petition is hereby disposed off; (ii) Respondents are directed to release the vehicles bearing Registration Nos.KA-51-AF-1626 and KA-51- AA-0419 in favour of the petitioners, forthwith, without any delay, subject to the petitioners paying current taxes as well as arrears of tax for the period - 4 - NC: 2025:KHC:13243 WP No. 9363 of 2025 from 01.04.2024 and 31.03.2025 subject to the following conditions: (a) The concerned respondents shall release the aforesaid vehicles immediately upon payment of current taxes. (b) The arrears of tax for the period from 01.04.2024 to 31.03.2025 shall be paid by the petitioners to the concerned respondents in four equal monthly installments i.e., 25% each before the end of each month i.e., 30.04.2025, 31.05.2025. 30.06.2025 and 31.07.2025. (c) In the event the petitioners commit default in payment of the aforesaid monthly installments, respondents shall be entitled to take appropriate action against the petitioners in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 35