- 1 - HC-KAR NC: 2025:KHC-D:14318 WP No. 107901 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107901 OF 2025 (GM-RES) BETWEEN: BHIMAPPA MAHADEV LALAKI, AGED ABOUT 41 YEARS, OCC: ADVOCATE, POST: HANAGANDI, TQ: RABAKAVI BANAHATTI, DIST: BAGALKOTE – 587 315. …PETITIONER (BY SRI. S. C. BHUTI, ADVOCATE) AND: 1. STATE OF KARNATAKA, R/BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE COMMISSIONER, TRANSPORT AND ROAD SAFETY, I FLOOR, A BLOCK, TTMC BUILDING, SHANTHI NAGAR WILSON GARDEN, BENGALURU – 560 027. 3. THE REGIONAL TRANSPORT OFFICER (RTO), R/BY THE INSPECTOR OF MOTOR VEHICLES (IMV), BAGALKOTE DISTRICT, BAGALKOTE – 587 101. 4. THE REGIONAL TRANSPORT OFFICER (RTO), BAGALKOTE DISTRICT, BAGALKOTE – 587 101. 5. THE ASSISTANT REGIONAL TRANSPORT OFFICER (ARTO), JAMKHANDI TALUK, JAMKHANDI – 587 311, BAGALKOTE. …RESPONDENTS (BY SRI.V.S.KALASURMATH, AGA FOR RESPONDENT/STATE) 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 VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.10.28 15:45:56 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14318 WP No. 107901 of 2025 DIRECTION DIRECTING THE RESPONDENTS NO.3 TO 5 NOT TO SEIZE THE VEHICLE OF THE PETITIONER VIZ, MARUTI ERTIGA ZDI, ERRDAZB CAR BEARING REGISTRATION NO. PY-01/CV-5036 OR DEMAND TAX ONCE AGAIN FROM THE PETITIONER, AND DIRECT THE CONTESTING RESPONDENTS TO PAY THE COSTS OF THESE PROCEEDINGS AND GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND 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 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 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, - 3 - HC-KAR NC: 2025:KHC-D:14318 WP No. 107901 of 2025 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. 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.: 91