- 1 - HC-KAR NC: 2025:KHC-D:16812 WP No. 108877 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108877 OF 2025 (GM-RES) BETWEEN: MALLIKARJUN SHANKAR HAGARAGI, AGED ABOUT 44 YEARS, OCC. BUSINESS/AGRICULTURE, R/O. HOUSE NO. 6781/P7, M K KAVATAGIMATH NAGAR, CHIKODI, DIST. BELAGAVI, KARNATAKA 591201. …PETITIONER (BY SRI. S. C. BHUTI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER TRANSPORT AND ROAD SAFETY, 1 FLOOR, A BLOCK, TTMC BUILDING, SHANTHI NAGAR, WILSON GARDEN, BENGALURU 560027. 3. THE REGIONAL TRANSPORT OFFICER RTO REPORESENTED BY THE INSPECTOR OF MOTOR VEHICLES IMV BELAGAVI DISTRICT. BELAGAVI 590001 4. THE REGIONAL TRANSPORT OFFICER RTO BELAGAVI DISTRICT, BELAGAVI 590001. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16812 WP No. 108877 of 2025 5. THE ASSISTANT REGIONAL TRANSPORT OFFICER ARTO, CHIKODI TALUK, CHIKODI-591201. …RESPONDENTS (BY SRI.T. HANUMAREDDY, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS NO.3 TO 5 NOT TO SEIZE VEHICLE OF THE PETITIONER BEARING REG.NO.MH-09/DM-5517 VIZ., HONDA JAZZ 1.2 V MT(I-V TEC) OR DEMAND TAX ONCE AGAIN FROM THE PETITIONER. B) DIRECT THE CONTESTING RESPONDENTS TO PAY THE COSTS OF THESE PROCEEDINGS AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HONBLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking a direction by way of a writ in the nature of mandamus directing the respondent Nos.3 to 5 not to seize the vehicle or demand tax except in accordance with law. 2. The learned AGA on instructions would submit that in terms of Section 49 of the Karnataka Motor Vehicles Rules, unilateral seizure of the vehicle cannot take place, it can be only - 3 - HC-KAR NC: 2025:KHC-D:16812 WP No. 108877 of 2025 after issuance of notice and hearing the petitioner, tax being demanded later on. 3. In the light of the said submission, the apprehension of the petitioner that no procedure would be followed in law could not merit any acceptance. Therefore, according to the submission of the learned AGA, if action is to be initiated against the petitioner for demand of tax, it shall be only in terms of Section 49 of the Rules. 4. Reserving liberty to the petitioner to knock at the doors of the appropriate fora, I deem it appropriate to dispose this petition with the aforesaid observation. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/-CT:ANB List No.: 2 Sl No.: 3