- 1 - HC-KAR NC: 2025:KHC-D:16201 WP No. 108841 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108841 OF 2025 (GM-RES) BETWEEN: 1. SRI. KRISHNAPPA S/O. TIMMARADDY UDAPUDI, AGE: 64 YEARS, OCC: ADVOCATE, R/O: CTS NO.3195A/1, COURT ROAD, OPPOSITE SUB JAIL, GOKAK, TAL: GOKAK, DIST: BELAGAVI - 591 307. 2. SRI. SUBHASH S/O. KALLAPPA BALANAIK, AGE: 53 YEARS, OCC: ADVOCATE, R/O: H. NO. 99, FULAGADDI, GOKAK, TAL: GOKAK, DIST: BELAGAVI - 591 307. 3. SRI. SURYAKANT S/O. CHANDRASHEKHAR PATIL, AGE: 47 YEARS, OCC: ADVOCATE, R/O: H. NO. 919, KONNUR, TAL: GOKAK, DIST, BELAGAVI: 591307. 4. SRI. SDDHARTH S/O. LAXMAN PATROOT, AGE: 49 YEARS, OCC: CONTRACTOR, R/O: MARKHANDEYA NAGAR, FALLS ROAD, NEAR DY S. P. OFFICE, GOKAK, TAL: GOKAK, DIST: BELAGAVI – 591 307. …PETITIONERS (BY SRI. RAJENDRA R.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF TRANSPORT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16201 WP No. 108841 of 2025 BENGALURU – 560 001. 2. THE COMMISSIONER, TRANSPORT AND ROAD SAFETY, 1 FLOOR A BLOCK TTMC BUILDING, SHANTHI NAGAR, WILSON GARDEN, BENGALRUU – 560 027. 3. THE REGONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, REP BY INSPECTOR OF MOTOR VEHICLES (IMV), BELAGAVI, DIST: BELAGAVI – 590 001. 4. THE ASSISTANT REGIONAL TRANSPORT OFFICER GOKAK, TAL: GOKAK, DIST: BELAGAVI - 591 307. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS AUTHORITIES NOT TO SEIZE THE VEHICLES OF THE PETITIONERS VIZ, 1) HYUNDA CRETA 1.5 MPI MT SX BEARING REGISTRATION NO. PY-05/VC-5536, 2) MARUTI GRAND VITARA SMART HYBRID DELTA 1.5 L, 5MT BEARING REG NO. PY-05/ Q-9867, 3) MARUTI ERTIGA SMART HYBRID VXI BEARING REG.NO.PY-05/M-3503 AND KIA CARENS D1.5 IMT PRESTIGE7 BEARING REG NO.PY-05/R-6767 RESPECTIVELY OR DEMAND TAX ONCE AGAIN FROM THE PETITIONERS AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16201 WP No. 108841 of 2025 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 & 4 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 after issuance of notice and hearing the petitioner and 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 this petitioner for demand of tax, it shall be only in terms of Section 49 of the Rules. - 4 - HC-KAR NC: 2025:KHC-D:16201 WP No. 108841 of 2025 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. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 117