- 1 - NC: 2025:KHC-D:3619 WP No. 103537 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103537 OF 2024 (T-MVT) BETWEEN: FAKKIRGOUDA VEERANAGOUDA PATIL S/O. LATE VEERANAGOUDA PATIL, AGE. 71 YEARS, OCC. ADVOCATE, R/O. 459, 2ND CROSS, 4TH MAIN, RAJATHAGIRI, DHARWAD -580004. …PETITIONER (BY SRI RAJENDRA R. PATIL, ADVOCATE) AND: THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, JNANA BHARATI RTO-NO.41, VISHWESHWARAYYA LAYOUT, 2ND STAGE, SMV, JNANA GANGA NAGAR, BANGALORE. …RESPONDENT (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO A) ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT BEARING NO. RTO/JNB/BNG/Refund/2023-24 DATED 05.02.2024 VIDE ANNEXURE-K ISSUED BY RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO REFUND TAX AMOUNT OF RS. 1,77,050/-. C) ISSUE SUCH OTHER SUITABLE ORDER/S OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT AND PROPER IN THE NATURE AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINALRY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:3619 WP No. 103537 of 2024 CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER 1. The petitioner is before this Court seeking the following prayer: A) Issue writ in the nature of certiorari quashing the endorsement bearing No. RTO/JNB/BNG/Refund/2023-24 dated 05.02.2024 vide Annexure-K issued by respondent, in the interest of justice and equity. B) Issue writ in the nature of mandamus directing the respondent to refund tax amount of Rs. 1,77,050/-. C) issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. The learned counsel for the petitioner submits that the issue in the lis stands answered by the judgment of the Division Bench in Writ Appeal No.850/2016 dated 1st July 2016, which is taken to the Apex Court in I.A.No.28261/2017 in Civil Appeal Nos.2635-2638/2017 dated 04.09.2017 and the Apex Court passes the following order: “We do not see any reason to suspend the operation of the judgment under appeal. However, we are of the opinion that the ends of justice will be met in this case by directing that the appellants would refund the amount of tax already collected, as and when a demand from the owner of the vehicle which is registered in the State is made before them and make two endorsements (i) regarding the pendency of the instant appeals and (ii) that the amount of money - 3 - NC: 2025:KHC-D:3619 WP No. 103537 of 2024 refunded would be a charge on the vehicle during the pendency of these appeals and would be subject to the result of these appeals. Apart from that, the appellant- State is also entitled to take appropriate undertaking from the owner of the vehicle at the time of the payment of tax in the event of state succeeds in the instate appeals. IA 28261/2017 stands disposed of accordingly.” 3. The learned counsel for the petitioner would submit that if the benefit that is granted by the Apex Court in the aforesaid order is granted in the case at hand, would suffice for the present. 4. In terms of the order passed by the Apex Court, petition is disposed, granting the same benefit that the Apex Court has granted to these petitioners for refund of the amount in terms of the judgment of the Apex Court and the conditions stipulated therein. Ordered accordingly. Sd/- ____________________ JUSTICE M.NAGAPRASANNA KGK / List No.: 1 Sl No.: 28