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2025 DAILYLAW 37614 (KAR)

APPASAB S/O LAXMAN NAVI v. THE REGIONAL TRANSPORT OFFICE

WP/106179/2025 · 2025-08-23

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10801 WP No. 106179 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106179 OF 2025 (GM-RES) BETWEEN: APPASAB S/O. LAXMAN NAVI, AGE: 32 YEARS, OCC. GOVT. SERVANT, R/O. AT/POST: MOLE, TQ. KAGWAD, DIST. BELAGAVI, NOW RESIDING AT MUKHAMBIKA NAGAR, DHARWAD-580008. …PETITIONER (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE REGIONAL TRANSPORT OFFICE, ATHANI, TQ. ATHANI, DIST. BELAGAVI-591304. 2. KRISHNA S/O. PARAPPA MAHESHAKAR, AGE: 51 YEARS, OCC. AGRICULTURE/DRIVER, R/O. GAVISIDDAN MADDI, ATHANI, TQ. ATHANI, DIST. BELAGAVI-591304. 3. SACHIN S/O. KRUSHNAPPA NAYIK, AGE: MAJOR, OCC NIL, R/O. HOSAKOTI, TQ. RAMDURG, DIST. BELAGAVI-591130. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT IN THE Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10801 WP No. 106179 of 2025 NATURE OF CERTIORARI AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.1 DTD. 27-05-2025 VIDE AT ANNEXURE-J AND ALLOW THE APPLICATION FILED BY THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY.B. ISSUE A WRIT OF PROHIBITION, RESTRAINING THE RESPONDENT NO.1 AUTHORITY FROM PROCEEDING FURTHER WITH THE TRANSFER OR ANY ACTION IN RESPECT OF THE VEHICLE BEARING NO.KA-71-0444, TILL THE DISPOSAL OF THE PRIVATE COMPLAINT PENDING BEFORE THE COURT OF THE PRL. CIVIL JUDGE AND PRL. JMFC, DHARWAD.C. AND ISSUE WRIT OF THE MANDAMUS TO THE RESPONDENT-1 CONSIDER THE OBJECTIONS FILED BY THE PETITIONER AS PER ANNEXURE-H DATED 28/04/25 AND NOT TO ISSUE ANY DOCUMENTS IN RESPECT OF THE SAID VEHICLE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue Writ in the nature of certiorari and set aside the impugned order passed by the respondent no.1 dtd. 27-05-2025 vide at Annexure-J and - 3 - HC-KAR NC: 2025:KHC-D:10801 WP No. 106179 of 2025 allow the application filed by the petitioner in the interest of justice and equity. b. Issue a writ of Prohibition, restraining the respondent no.1 authority from proceeding further with the transfer or any action in respect of the vehicle bearing no.KA-71-0444, till the disposal of the private complaint pending before the court of the Prl. Civil Judge and Prl. JMFC, Dharwad. c. And issue writ of the Mandamus to the Respondent-1 consider the objections filed by the Petitioner as per Annexure-H dated 28/04/25 and not to issue any documents in respect of the said vehicle. d. Issue any other Writ or order which deems fit to this Hon’ble Court in the interest of Justice and Equity. 2. A memo is signed by the petitioner and learned counsel for the petitioner, has been filed, which reads as under; The Petitioner most respectfully submits that the as per the instruction of the petitioner informed that the petitioner and respondent have amicably settled out of the court. Hence the above case may kindly be dismissed as not pressed. In the interest of justice and equity. Hence this Memo. 3. Accepting the said memo and submission of the counsel for the petitioner, petition is dismissed as withdrawn. - 4 - HC-KAR NC: 2025:KHC-D:10801 WP No. 106179 of 2025 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE VB List No.: 1 Sl No.: 89