- 1 - HC-KAR NC: 2025:KHC-D:14355 WP No. 107471 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. 107471 OF 2025 (GM-RES) BETWEEN: SHRINIVAS ARAVINDARAO SHEGUNSHI, AGED ABOUT 63 YEARS, OCC: ADVOCATE KILLABAG, TERDAL (RURAL), JAMKHANDI, BAGALKOTE- 587315. …PETITIONER (BY SRI. S.C. BHUTI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001. 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) REPRESENTED BY THE INSPECTOR OF MOTOR VEHICLES (IMV), BAGALKOTE DISTRICT, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.10.28 15:45:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14355 WP No. 107471 of 2025 BAGALKOTE- 587101. 4. THE REGIONAL TRANSPORT OFFICER (RTO), BAGALKOTE DISTRICT, BAGALKOTE- 587101. 5. THE ASSISTANT REGIONAL TRANSPORT OFFICER (ARTO) JAMKHANDI TALUK, JAMKHANDI- 587311. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA IS PRAYING TO, (A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS NO.3 TO 5 NOT TO SEIZE THE VEHICLE OF THE PETITIONER VIZ., MARUTI ERTIGA ZDI+ SMART CAR BEARING REG.NO.PY-01/CQ-4493 OR DEMAND TAX ONCE AGAIN FROM THE PETITIONER, AND (B) DIRECT THE CONTESTING RESPONDENTS TO PAY THE COSTS OF THESE PROCEEDINGS AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:14355 WP No. 107471 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 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, 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:14355 WP No. 107471 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 List No.: 2 Sl No.: 6