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2025 DAILYLAW 27631 (KAR)

MOHAMMED ASGAR ALI v. STATE OF KARNATAKA

WP/17596/2021 · 2025-04-24

B M Shyam Prasad

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Judgment text

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- 1 - NC: 2025:KHC:17006 WP No. 17596 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.17596 OF 2021 (MV) BETWEEN: 1. MOHAMMED ASGAR ALI S/O LATE MOHAMMED IBRAHIM, AGED ABOUT 46 YEARS, R/O NO.19, I FLOOR, E STREET, FORT, KALASIPALYAM, BENGALURU - 560 002. 2. MOHAMMED ARFATH S/O MOHAMMED ASGAR ALI, AGED ABOUT 23 YEARS, R/O NO.19, I FLOOR, E STREET , FORT, KALASIPALYAM, BENGALURU - 560 002. 3. MOHAMMED ZAIN S/O MOHAMMED ABRAR, AGED ABOUT 30 YEARS, R/AT NO.3244, 13TH WARD, TOPE KHANA MOHALLA, RAMANAGARAM, KARNATAKA - 562 159. 4. SIDDIQ PASHA S/O ABDUL RAHMAN, AGED ABOUT 43 YEARS, R/O NO.25, 6TH CROSS, 7TH MAIN, NEW GURUPANNAPALYA, BENGALURU- 560 029. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:17006 WP No. 17596 of 2021 5. RAJU AGED ABOUT 42 YEARS, R/O NO.4/2, C. RAMAIAH LAYOUT, RAMCHANDRAPURAM, BENGALURU - 560 097. 6. MOHAMMED SHARUK M. S/O ILYAS, AGED ABOUT 26 YEARS, R/O NO.2, MOSUQE ROAD, SOMVARPET, KUSHAL NAGAR TALUK, KODAGU DISTRICT, KARNATAKA - 571 234. 7. MASOOD AHMED S/O MAQHDOOL AHAMED, AGED ABOUT 31 YEARS, R/O GORURU, HASSAN, KARNATAKA - 573 120. 8. NADEEM FAROOQI S/O MOHAMMED HAKEEM FAROOQI, AGED ABOUT 36 YEARS, R/O BAAZAR STREET, BELLUR, NAGAMANGALA, BELLUR, MANDYA DISTRICT KARNATAKA - 571 418. 9. MUZAMMIL AHMED J S/O ABDUL JAMEEL, AGED ABOUT 31 YEARS, R/O NO.12/9, 2ND FLOOR, 16TH CROSS, LAKKASANDRA, BENGALURU - 560 030. 10. MAZHAR PASHA S/O TAZIM, - 3 - NC: 2025:KHC:17006 WP No. 17596 of 2021 AGED ABOUT 25 YEARS, R/O NO.35, KANAKAPURA MAIN ROAD, GANDHINAGAR, KALIPURA, KARNATAKA - 560 082. 11. MOHAMMED REHAN S/O MOHAMMED AKBAR, AGED ABOUT 23 YEARS, R/O NO.14, 6TH CROSS, H SIDDAIAH ROAD, BANGALORE SOUTH, WILSON GARDEN, BENGALURU- 560 027. 12. MOHAMMED SAAD ANSARI S/O MOHAMMED AKRAM ANSARI, AGED ABOUT 23 YEARS, R/O NO.57, 2ND CROSS, 2ND STAGE, K G HALLI, HBR LAYOUT, BENGALUJRU - 560 045. 13. KRISHNAPPA C V S/O VENKATRAMANAPPA, AGED ABOUT 36 YEARS, R/O CHIKKANNAHALLI, CHIKKABALAPURA, BALAKUNTANAHALLI, KARNATAKA - 561 211. 14. FIROZ KHAN S/O JABBAR KHAN, AGED ABOUT 50 YEARS, R/O NO.147, 16TH CROSS, 2ND MAIN ROAD, LAKKASANDRA, ADOGUDI, BENGALURU - 560 030. 15. IMRAN BAIG S/O BAIG, AGED ABOUT 31 YEARS, R/O 443, G M STREET CROSS, - 4 - NC: 2025:KHC:17006 WP No. 17596 of 2021 DAYARA CHANNAPATTANA, KARNATAKA - 562 160. 16. MOHAMMED ZAKIR KHAN S/O IMTIYAZULLA KHAN, AGED ABOUT 25 YEARS, R/O NO.30/2, I MAIN ROAD, GURUPPAN PALYA, BENGALURU - 560 029. 17. MOHAMMED ISAAQ S/O AZMATH PASHA, AGED ABOUT 51 YEARS, R/O NO.18/1, 5TH 'A' CROSS, MAHAVALLI, LALBAGH FORT ROAD, BENGALURU - 560 004. 18. MOHAMMED REHAAN S/O IMTIYAZULLAH KHAN, AGED ABOUT 22 YEARS, R/O NO.30/2, I MAIN ROAD, NEW TURAPPAN PALYA, BENGALURU - 560 029. …PETITIONERS (BY SRI. SIRAJUDDIN AHMED., ADVOCATE) AND: 1. STATE OF KARNATAKA TRANSPORT DEPARTMENT, AMBEDKAR VEEDHI ROAD, BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY. - 5 - NC: 2025:KHC:17006 WP No. 17596 of 2021 2. THE COMMISSIONER OF REGIONAL TRANSPORT I FLOOR, 'A' BLOCK, TTMC BUILDING, SHANTHINAGAR, BENGALURU -560 027. 3. ASSISTANT REGIONAL TRANSPORT OFFICER MADHUGIRI RTO OFFICE, TUMKURU DISTRICT, MADHUGIRI - 572 132. …RESPONDENTS (BY *SRI.S.H. RAGHAVENDRA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO APPOINT THE INDEPENDENT AGENCY CID/COD/CCB TO BRING OUT THE TRUTH AND THE FRAUD COMMITTED BY RESPONDENT NO.3 IN RESPECT OF ISSUANCE OF C.C. OF THE VEHICLES; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners, who are owners of different vehicles, are admittedly blocked by the Assistant Regional Transport Officer, Madhugiri RTO office [the third respondent]. The petitioners have sought for *Corrected vide Court order dated 20.06.2025. - 6 - NC: 2025:KHC:17006 WP No. 17596 of 2021 directions to the third respondent to remove the blocking. The petitioners assert that they have purchased vehicles and got the vehicles transferred in their names as is required and the third respondent has blocked these vehicles for no reason. 2. As against these assertions and the undisputed fact that these vehicles are originally registered outside the State of Karnataka, the third respondent, relying upon the penal proceedings in Crime No.0112/2021 with the Central Police Station, Tumakuru, contends that [a] the petitioners have acted in cahoots with Smt. Sindura Lakshmi, an Assistant working with the third respondent on contract between 2016 and 2019, [b] when she was working with the third respondent, she was permitted use of certain credentials which enabled her to access Vahan - 4 Software, [c] the third respondent noticed that these credentials were being used to log in and register vehicles such as the petitioners’ vehicles even - 7 - NC: 2025:KHC:17006 WP No. 17596 of 2021 in August 2021, and [d] after a detailed verification it is verified that these transfers have been affected virtually without even payment of taxes. 3. *Sri S.H.Raghavendra, the learned Additional Government Advocate, relying upon these assertions, submits that with the completion of investigation in Crime No.0112/2021 and the charge sheet being filed against Smt.Sindura Lakshmi, the criminal trial is still in progress and that if before the completion of the trial, the petitioners want blocking to be removed they must produce receipts to show payment of taxes. 4. This Court must opine that if it is ultimately established that the registration of the vehicles is in the circumstances relied upon, the block could be justified, and if the petitioners want blocking to be removed anytime soon, they must produce receipts to show payment of taxes. As such, the petition stands disposed of with liberty to the *Corrected vide Court order dated 20.06.2025. - 8 - NC: 2025:KHC:17006 WP No. 17596 of 2021 petitioners to furnish original receipts with the third respondent on payment of taxes with a request for removal of blocking. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 1 Sl No.: 31