- 1 - HC-KAR NC: 2025:KHC-D:13604 WP No. 107247 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107247 OF 2025 (GM-RES) BETWEEN: MAKABULSAB S/O. MAHAMMADASAB TASAGAON, AGED ABOUT 65 YEARS, OCC: COOLIE, RESIDING AT KATTI ONI, NAVALUR POST, NAVALUR, DHARWAD. …PETITIONER (BY SRI. UMESH P. HAKKARAKI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD AND TRANSPORT, VIDHAN SOUDHA, BENGALURU – 560 001. 2. REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, DHARWAD EAST, DHARWAD – 580 001. 3. SENIOR INSPECTOR OF MOTOR VEHICLES REGIONAL TRANSPORT OFFICE, DHARWAD EAST, DHARWAD – 580 001. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER QUASHING THE IMPUGNED PUBLIC AUCTION NOTICE DATED 04.08.2025 ISSUED BY 2ND RESPONDENT WITH RESPECT TO PETITIONER VEHICLE Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13604 WP No. 107247 of 2025 (KA 27-7065) IS CONNCERNED, WHICH IS PRODUCED AT ANNEXURE-F. ISSUE WRIT OF MANDAMUS OR ORDER, DIRECTING THE 2ND RESPONDENT TO RELEASE THE PETITIONER VEHICLE I.E KA.27 - 7065 BY RECEIVING OUTSTANDING FINE AMOUNT WHICH IS DUE AS NARRATED IN MY REPRESENTATION DATED 26.08.2025 WHICH IS PRODUCED AT ANNEXURE-G 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 SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: A. Issue a writ of Certiorari or order quashing the impugned public auction notice dated 04.08.2025 issued by 2nd respondent with respect to petitioner vehicle (KA 27-7065) is concerned, which is produced at Annexure-F. B. Issue writ of Mandamus or order, directing the 2nd respondent to release the petitioner vehicle i.e KA.27 - 7065 by receiving outstanding fine amount which is due as narrated in my representation dated 26.08.2025 which is produced at Annexure-G. 3. The vehicle of the petitioner bearing No.KA-27/7065 was seized on account of fine amount in respect - 3 - HC-KAR NC: 2025:KHC-D:13604 WP No. 107247 of 2025 thereto not having been paid by the petitioner. Post the seizure, a public auction notification has been issued on 04.08.2025 by respondent No.2 in ‘Vijay Vani’ Kannada Daily Newspaper. It is challenging the same, the petitioner is before this Court. 4. The submission of the counsel for the petitioner is that the petitioner is willing to make payment of all pending fine amounts, given 7 days time. 5. If that be so, the respondents are directed to receive the said amounts and release the vehicle after such payment. 6. Though the auction shall go on, the respondents are restrained from confirming the auction. In the event of the petitioner not making payment of the due amounts, within 7 days from today the respondents are permitted to go ahead with confirming the auction. 7. Accordingly, petition stands disposed. - 4 - HC-KAR NC: 2025:KHC-D:13604 WP No. 107247 of 2025 8. IA No.1/2025 is allowed. Production of original copy of Annexure-F is dispensed with. Sd/- (SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 1 Sl No.: 42