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2025 DAILYLAW 38640 (KAR)

DASANUR MOTORS REGISTERED PARTNERSHIP FIRM v. THE UNION OF INDIA

WP/103477/2025 · 2025-12-01

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16774 WP No. 103477 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. 103477 OF 2025 (GM-RES) BETWEEN: DASANUR MOTORS REGISTERED PARTNERSHIP FIRM, R/BY ITS PARTNER, ULAVAPPA TIPPANNA DASANUR, AGE: 54 YEARS, OCC: PARTNER, R/O: 465, APMC ESHWAR NAGAR, BHAIRIDEVARKOPPA, HUBBALLI – 580 001. … PETITIONER (BY SMT. GAYATRI S. R. & SRI. M.B.HIREMATH, ADVOCATES) AND: 1. THE UNION OF INDIA, R/BY ITS PRINCIPAL SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NEW DELHI – 110 002. 2. THE STATE OF KARNATAKA, BY ITS SECRETARY, MINISTRY OF TRANSPORT, VIDHANA VEEDHI, BENGALURU – 560 001. 3. THE TRANSPORT COMMISSIONER, DEPARTMENT OF TRANSPORT, GOVERNMENT OF KARNATAKA, SHANTINAGAR, BENGALURU – 560 001. … RESPONDENTS (BY SRI. M.B. KANAVI, ADVOCATE FOR R1 SRI. T. HANUMAREDDY, AGA FOR R2 &3) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16774 WP No. 103477 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR NOTIFICATION BEARING NO. ORDERS OR DIRECTIONS, QUASHING THE G.S.R. 201(E) DATED 05.03.2018 (I.E. ANNEXURE A) INSOFAR AS IT RELATES TO/SPECIFIES THE DATE 01.10.2020 AS FOUND IN TABLE 1 PERTAINING TO BHARAT STAGE (CEV/TREM) IV VEHICLES ISSUED BY THE 1ST RESPONDENT AND NOTIFICATION NO. G.S.R. 850(E) DATED 24.11.2022 (I.E. ANNEXURE B) ISSUED BY THE 1ST RESPONDENT INSOFAR AS IT RELATES TO/SPECIFIES THE FIGURES 01.01.2023 IN SUB SECTION 2 THEREIN, AS ARBITRARY, ILLEGAL AND UNJUST & ETC., 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 the following prayer: “A. to issue a writ of certiorari or such other appropriate writ or Notification bearing no. orders or directions, quashing the G.S.R. 201(E) dated 05.03.2018 (i.e. Annexure A) insofar as it relates to/specifies the date 01.10.2020 as found in table 1 pertaining to Bharat Stage (CEV/TREM) IV vehicles issued by the 1st respondent and Notification no. G.S.R. 850(E) dated 24.11.2022 (i.e. Annexure B) issued by the 1st Respondent insofar as it relates to/specifies the figures 01.01.2023 in sub section 2 therein, as arbitrary, illegal and unjust; B. to issue a writ of mandamus or such other appropriate writ or orders or directions directing the respondents 2 and 3 to register all the tractors of the petitioner which are sold, but not registered as detailed in Annexures – E1 to E18 within the time limit as may be fixed by this Hon’ble Court. C. to award costs and grant such other relief as this Hon’ble Court deems fit and expedient in the - 3 - HC-KAR NC: 2025:KHC-D:16774 WP No. 103477 of 2025 circumstances of the case, in the interest of justice and equity.” 2. Heard Smt. Gayatri S.R. and Shri M.B. Hiremath, learned counsels appearing for the petitioner; Shri M.B. Kanavi, learned counsel appearing for respondent No.1 and Shri T. Hanumareddy, learned AGA appearing for respondent Nos.2 and 3. 3. Learned counsel for the petitioner submits that the issue in the lis stands answered by the judgment rendered by the Co-ordinate Bench of this Court in W.P. No.12062 of 2024, disposed off on 14th August 2025. 4. Learned AGA would not dispute the position of law as it is laid down by the Co-ordinate bench of this Court. 5. In that light, I deem it appropriate notice what the Co-ordinate bench has held as under: “This writ petition is filed for following reliefs: "(a) to issue a writ of certiorari or such other appropriate writ or orders or directions, quashing the Notification bearing No.G.S.R. 201(E) dated 05.03.2018 (i.e Annexure-A) in so far as it relates to/specifies the date 01.10.2020 as found in Table 1 pertaining to Bharat Stage (CEV/TREM) IV vehicles issued by the R- 1 and Notification No.G.S.R. 850(E) - 4 - HC-KAR NC: 2025:KHC-D:16774 WP No. 103477 of 2025 dated 24.11.2022 (i.e Annexure-B) issued by the R-1 in so far as it relates to/specifies the figures 01.01.2023 in sub section 2 therein, as arbitrary, illegal and unjust; (b) to issue a writ of mandamus or such other appropriate writ or orders or directions directing the respondents 2 & 3 to register all the Tractors of the petitioners which are sold, but not registered as detailed in Annexures - E1 to E7 within the time limit as may be fixed by this Hon'ble Court; and etc." 2. Learned counsel for petitioner drew attention of this Court to order dated 27.07.2025, which reads as under: "An affidavit is filed by the Commissioner for Transport and Road Safety, as ordered earlier. In the affidavit, it is stated that the Additional Commissioner for Transport (E & E- G) had addressed a letter dated 10.01.2024 for enabling the registration of vehicles which were temporarily registered on or before 30.06.2023 and NIC had enabled the registration of vehicles in January 2024. Learned Additional Government Advocate submits that the request sought was for vehicles that have been temporarily registered, but since the petitioners had only paid the registration fee and the motor vehicle tax and had not come forward and not got the temporary registration done, the application created by the Central Government, i.e., in ‘Vahan-4’ would not enable the registration of vehicles of the petitioners in respect of which motor vehicle tax has been paid before 30.06.2023. At this stage, learned counsel appearing for respondent No.1 seeks time to secure instructions as to whether NIC could enable the registration of the vehicles by making appropriate corrections to the APP. - 5 - HC-KAR NC: 2025:KHC-D:16774 WP No. 103477 of 2025 Re-list the matter on 12.08.2024. It is made clear that since the State Government is agreeable to register the vehicles of the petitioners, as contemplated under the Scheme of the Central Government, it would be obligatory on the part of the Central Government to facilitate this registration, which is being accepted by the State Government." 3. It is submitted, despite clear direction to Central Government to facilitate registration, petitioner was not permitted to register 45 tractors sold by petitioner prior to the cut-off date. It was submitted that on 02.06.2025, Under Secretary to Government of India, Ministry of Road Transport and Highways, had addressed mail to petitioner, calling upon him to furnish information about 45 sold but unregistered tractors. It was submitted, petitioner responded to same on 04.06.2025, appending list of 45 sold but unregistered tractors. Despite same and impleadment of NIC, the agency which operates 'E-Vahan' portal, there was no progress and petitioner was made to bear brunt of protesting farmer purchasers and therefore, seeks for necessary further orders. 4. Heard learned counsel and perused writ petition records. 5. Taking note of fact that a clear direction was issued to respondents. Same has not been challenged. On other hand, respondents sought information from petitioner apparently to comply with it but there is no further progress. In view of same, it would be appropriate to issue a specific direction to respondents to open portal, permit petitioner to upload particulars of 45 sold but unregistered tractors and complete process of registration. 6. Hence, writ petition is disposed of directing respondent no.1 to issue specific direction to respondent no.4 for permitting petitioner to upload details of 45 sold but unregistered tractors on E-Vahan portal within two weeks and thereafter, petitioner to approach jurisdictional RTOs within time indicated for completion of registration if indicated and if not, within - 6 - HC-KAR NC: 2025:KHC-D:16774 WP No. 103477 of 2025 four weeks for purpose of completion of formalities of registration.” 6. In the light of the issue standing answered by the Co-ordinate Bench of this Court (supra), the consequential direction becomes imperative. The third respondent is directed to open the portal, qua the vehicle, the subject matter of the petition for the purpose of registration and regulate its procedure thereafter. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 22