- 1 - NC: 2025:KHC:17639 WP No. 12520 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12520 OF 2025 (T-MVT) BETWEEN: 1. SMT. KANIKA GUPTA, AGED ABOUT 37 YEARS, WIFE OF VAIBHAV SADDER, R/AT 1/80, SUNDER VIHAR, NEAR RADISSON BLU, PASCHIM VIHAR, VTC: SUNDER VIHAR, PO: SUNDER VIHAR, WEST DELHI, DELHI-110 087. 2. SRI VAIBHAV SADDER, AGED ABOUT 33 YEARS, S/O RAVI SADDER, RESIDING AT 1/80, SUNDER VIHAR, PASCHM VIHAR, WEST DELHI, DELHI-110 087. …PETITIONERS (BY SRI AIYAPPA K B, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, NO. 153, 1ST FLOOR, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. 3. COMMISSIONER, TRANSPORT AND ROAD SAFETY, 1ST FLOOR, A-BLOCK, TTMC BUILDING, SHANTINAGAR, BENGALURU-560 027. INSPECTOR OF MOTOR VEHICLES, K.R. PURAM REGIONAL TRANSPORT OFFICE (RTO), OLD MADRAS ROAD, BENGALURU- 560 049. …RESPONDENTS (BY SRI K HEMA KUMAR, AGA) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17639 WP No. 12520 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (1) CALL FOR THE RELEVANT RECORDS; (2) QUASH THE SHOW CAUSE NOTICE DATED. 26.03.2025 ISSUED BY R-3 (ANNEXURE-G) 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: "WHEREFORE, the Petitioner most respectfully pray that this Hon'ble Court may be pleased to 1. Call for the relevant records; 2. Issue a Writ, in the nature of a Certiorari or any other appropriate Writ to quash the Show - Cause Notice dated 26.03.2025 issued by Respondent No.3. (ANNEXURE -G). 3. Issue a Writ, in the nature of Mandamus or any other appropriate Writ directing Respondent No.3 to release the car bearing No. DL 09 CAW 5097 belonging to the Petitioner. 4. Grant any other Order of direction as this Hon'ble Court may deem fit in light of the facts and circumstances of the case, in the interest of justice and equity." 2. Heard learned counsel for the petitioners and learned Additional Government Advocate for respondents and perused the materials on record. - 3 - NC: 2025:KHC:17639 WP No. 12520 of 2025 3. A perusal of the materials on record would indicate that on 26.03.2025, the subject vehicle i.e., Tata Harrier car bearing No. DL/9C/AW/5097 was inspected by the respondents and inspection report was prepared by them. Immediately, the petitioners approached this Court by way of the present petition inter-alia, contending that without quantifying or demanding the road tax payable by the petitioners, respondents were not entitled to unilaterally seize and detain the subject vehicle. 4. When the matter came up before the Court on 26.04.2025, the learned AGA submitted that the respondents had not seized the subject vehicle, but had merely conducted the inspection and submitted the Inspection Report and in the event the petitioners produces relevant documents, respondents would release the vehicle in favour of the petitioners. The said order dated 26.04.2025 reads as under: "Learned HCGP accepts notice for respondents and seeks time to secure instructions. Re-list the matter on 29.04.2025 for preliminary hearing. Meanwhile, the respondents are directed to release the subject vehicle bearing Registration No. DL 09 CAW 5097 in - 4 - NC: 2025:KHC:17639 WP No. 12520 of 2025 favour of the petitioner, forthwith, upon production of all relevant documents. Hand delivery of the order is permitted". 5. Today i.e., on 29.04.2025, the learned counsel for petitioners on instructions submits that pursuant to the aforesaid order dated 26.04.2025, the respondents have released the vehicle in favour of the petitioners. 6. Per contra, learned AGA submits that the respondents would take necessary steps to quantify the tax payable by the petitioners and proceed further in accordance with law. 7. In view of the aforesaid facts and circumstances, nothing survives in the present petition and the same is accordingly disposed of, reserving liberty in favour of the respondents to take appropriate action in relation to the subject vehicle in accordance with law, including the issuance of a notice demanding payment of road tax in relation to the subject vehicle. 8. It is needless to state that in the event respondents were to issue notice or to take any other steps in relation to the - 5 - NC: 2025:KHC:17639 WP No. 12520 of 2025 subject vehicle, the petitioners would be entitle to submit reply and contest the proceedings in accordance with law. 9. Subject to the aforesaid direction and liberty reserved infavour of the parties, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE tsn* List No.: 1 Sl No.: 15