- 1 - NC: 2025:KHC:16971 WP No. 12400 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12400 OF 2025 (T-MVT) BETWEEN: CORNERSTONE BAY EAST DEVELOPERS PVT. LTD., HAVING ITS REGISTERED OFFICE AT 583, 1ST CROSS, 9TH MAIN, OFF CMH ROAD, 1ST STAGE, INDIRANAGAR, BANGALORE, BENGALURU, KARNATAKA, INDIA – 560 038. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, MR. KIRAN POONACHA HAVING ITS PLACE OF BUSINESS AT 6TH FLOOR, 603, UNIVERSAL MAJESTIC, P L LOKHANDE MARG, MUMBAI, MAHARASHTRA – 400 043. (REGISTERED UNDER COMPANIES ACT, 1956) …PETITIONER (BY SRI. DYANCHINNAPPA, SENIOR COUNSEL FOR SRI. PRADYUMNA L. NARASIMHA, ADVOCATE) AND: 1. INSPECTOR OF MOTOR VEHICLE, OFFICE OF THE RTO BENGALURU EAST, CA-15, N.G.E.F, EAST, KASTURI NAGAR, BENGALURU – 560 043 2. SENIOR INSPECTOR OF MOTOR VEHICLE, OFFICE OF THE RTO BENGALURU SOUTH, JAYANGAR, SHOPPING COMPLEX, 4TH BLOCK, BENGALURU – 560 011. 3. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, M.S. BUILDING, BENGALURU – 560 001. …RESPONDENTS (BY SRI. HEMAKUMAR K., AGA) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:16971 WP No. 12400 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICES ISSUED BY RESPONDENT NO.1 AND 2 BOTH DATED 19.03.2025 AT ANNEXURE-A AND B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “a. Issue a writ in the nature of certiorari, or any other appropriate writ, quashing the impugned notices issued by respondent Nos.1 and 2, both dated 19.03.2025 at Annexures A and B; b. Pass any such other order as this Hon’ble Court deems fit and appropriate, in the interests of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner has invited my attention to the impugned notice/check report in order to point out that the same was not preceded by any Show Cause Notice nor any enquiry/proceedings, - 3 - NC: 2025:KHC:16971 WP No. 12400 of 2025 the impugned check report which is merely forwarded to the petitioner is illegal, arbitrary, contrary to the provisions of Motor Vehicles Act, 1988 and without jurisdiction and authority of law and accordingly, the petition deserves to be allowed. 4. Per contra, learned AGA on instructions submits that pursuant to the aforesaid impugned check report at Annexures-A and B, respondent would issue requisite Show Cause Notice to the petitioner, who may be directed to submit reply to the same and pursuant to the same, respondent shall proceed further in accordance with law. 5. By way of reply, learned Senior Counsel for the petitioner submits that in the event respondent issues such Show Cause Notice(s), the petitioner would submit reply along with documents and till the respondent takes appropriate decision/pass appropriate orders in this regard, respondent may be directed not to take precipitative/coercive steps against the petitioner in relation to the subject vehicles. 6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the respondent to issue appropriate/requisite - 4 - NC: 2025:KHC:16971 WP No. 12400 of 2025 Show Cause Notice to the petitioner in accordance with law. In the event, respondent issues such Show cause Notice(s), petitioner is at liberty to submit reply along with relevant documents. It is further directed that till issuance of notice by respondents and appropriate decision is taken /appropriate orders are passed in this regard as stated supra, respondents shall not take precipitative/coercive steps against the petitioner in relation to the subject vehicles. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 119