- 1 - HC-KAR NC: 2025:KHC:47336 WP No. 34365 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.34365 OF 2025 (MV) BETWEEN: M/S. VENSON TRANSPORTS PVT. LTD., C/O VIP TRAVELS, NO.G-6, HOTEL TOSUM, COMPLEX A SECTOR, NAHAR LAGUN, ARUNACHAL PRADESH, PAPUM PARE-791 110. REPRESENTED BY ITS MANAGING DIRECTOR, SRINIVASAN GUNASEKAR REG. UNDER COMPANIES ACT, 1956. …PETITIONER (BY SRI SRIKANTH A., ADVOCATE) AND: 1. REGIONAL TRANSPORT AUTHORITY KOLAR, REPTD. BY ITS SECRETARY. 2. THE SENIOR MOTOR VEHICLES INSPECTOR, REGIONAL TRANSPORT AUTHORITY, KOLAR. …RESPONDENTS (BY SMT. RASHMI M. RAO, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF CHECK REPORT ISSUED/PASSED BY THE 2ND RESPONDENT AUTHORITY ON 30.10.2025 VIDE ANNEXURE-C; AND FURTHER DIRECT THE RESPONDENT AUTHORITIES TO RELEASE THE VEHICLE BEARING NO.AR-01-V-0620 AFTER COLLECTING THE NECESSARY COMPOUNDING FEE AND ETC. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47336 WP No. 34365 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court calling in question the check report dated 30.10.2025 issued by respondent No.2 during inspection of the petitioner's vehicle bearing No.AR-01-V-0620 and further seeks a direction to the respondents to release the vehicle after collecting the requisite compound fee. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondents. 3. The petitioner is a registered transport company operating across South India, and a recently opened branch in Arunachal Pradesh. The petitioner purchased a new vehicle bearing No.AR-01-V-0620, duly registered with Arunachal Pradesh Transport Authority and covered under an All India Tourist Permit No.AR-2025- - 3 - HC-KAR NC: 2025:KHC:47336 WP No. 34365 of 2025 AITP-0732A. On 30.10.2025, while vehicle was operating in a normal course of business, it was intercepted by the Senior Motor Vehicles Inspector, Kolar at about 06:05 a.m. and a check report was issued alleging violations under Section 192A of the Motor Vehicles Act, 1988 (‘Act’ for short) and the vehicle was seized on the same day. 4. Learned counsel for the petitioner admits that the alleged violations are compoundable, and therefore, the respondents ought to have collected compounding fee and released the vehicle. Issuing a check report without any demand, notice or opportunity to respond cannot justify continued seizure. 5. Per contra, learned HCGP submits that the check report is only a preliminary document prepared at the time of inspection and is not a final determination. The petitioner is at liberty to file objections and if already filed, the same will be considered by the competent authority strictly in accordance with law. - 4 - HC-KAR NC: 2025:KHC:47336 WP No. 34365 of 2025 6. The check report dated 30.10.2025 is only a preliminary record of inspection. No final order fastening the liability has been passed. In law, such a report cannot be treated as a conclusive decision. The petitioner must therefore be afforded an opportunity to submit objections, and the authority is required to consider the same and determine the nature of alleged violation, including whether it is compoundable under Section 192A of the Act. 7. In view of the above, this Court pass the following: ORDER i. The writ petition is allowed in part ii. The check report dated 30.10.2025 (Annexure- C) shall be treated as a show cause notice. iii. The petitioner is permitted to submit a detailed reply to the show cause notice within seven days from the date of receipt of this order. iv. Upon receipt of the petitioner's reply, the competent authority shall consider the same - 5 - HC-KAR NC: 2025:KHC:47336 WP No. 34365 of 2025 and pass a speaking order determining whether the alleged offence is compoundable or not under Section 192A of the Motor Vehicles Act, 1988 within one week thereafter. v. If the authority concludes that the offence is compoundable, the compoundable fee shall be quantified and collected and the vehicle bearing No.AR-01-V-0620 shall be released forthwith. vi. All contentions are kept open Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 24