- 1 - HC-KAR NC: 2025:KHC:44272 WP No. 26002 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 26002 OF 2025 (MV) BETWEEN: M/S KHANIJA RECYCLING INDA PVT LTD (COMPANY REGISTERED UNDER THE COMPANIES ACT) REGISTERED OFFICE NO 664/6, 2ND FLOOR, 11TH A MAIN ROAD, MARENHALLI, 5TH BLOCK, JAYANAGAR, BENGALURU - 560 041. REPRESENTED BY ITS AUTHORIZED OFFICER JAVEED AKHTER BAIGANPALLI (MANAGER) …PETITIONER (BY SRI. SUSHEEL SHANKAR, ADVOCATE FOR SRI. VISHRUTH C., ADVOCATE) AND: 1. THE REGIONAL TRANSPORT OFFICE 1ST MAIN RD, AGARA VILLAGE, HSR LAYOUT, SECTOR I BENGALURU -560 102. 2. THE COMMISSIONER FOR TRANSPORT AND ROAD SAFETY, TRANSPORT DEPARTMENT, GOVERNMENT OF KARNATAKA, 1ST FLOOR, A BLOCK, TTMC BUILDING, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44272 WP No. 26002 of 2025 3. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT, M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU 560 001. …RESPONDENTS (BY SMT.RASHMI M RAO, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE SETTING ASIDE THE DEMAND NOTICE NO. RTO/BNG/C/NT/KA01-MJ-9339/2022-23 DTD 4.06.2022 ANNEXED AS ANNX-D ISSUED BY THE R-2 AS BEING ILLEGAL ARBITRARY AND VOID AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned High Court Government Pleader accepts notice for the respondents. 2. The petitioner has approached this Court seeking for the following reliefs: "1. Issue a writ of certiorari or any other appropriate writ, order, or direction quashing and setting aside the Demand Notice No. - 3 - HC-KAR NC: 2025:KHC:44272 WP No. 26002 of 2025 RTO/BNG/C/NT/KA01-MJ-9339/2022-23 dated 04.06.2022, annexed as Annexure-A, issued by the Second Respondent as being illegal, arbitrary, and void; 2. Direct the Respondents not to take any coercive action against the Petitioner on the basis of the said demand and to forthwith lift any restriction or NTBT flag on the vehicle registration; 3. Direct the Respondents to release the original Registration Certificate (RC) and enable unimpeded transfer, use, and enjoyment of the vehicle; 4. Declare that any action for recovery of the alleged tax dues from the Petitioner, as a subsequent owner, is ultra vires the provisions of the Karnataka Motor Vehicles Taxation Act and the principles of equity and natural justice; 5. Award costs of the petition; and 6. Grant any other order/order(s) as deemed just and expedient." 3. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondents and perused the material on record. - 4 - HC-KAR NC: 2025:KHC:44272 WP No. 26002 of 2025 4. The petitioner had earlier approached this Court in WP.No.16423/2024 (MV) seeking a writ of mandamus directing second respondent to remove the blacklisting flag from the motor vehicle bearing registration No.KA-01-MJ- 9339. This Court, by order dated 21.04.2025 passed the following order: "(A) The petition stands disposed of reading down the Demand Notice dated 04.06.2022 as Show Cause Notice with liberty to the petitioner to file a response in writing with the second respondent within 15 days from today. (B) The second respondent shall response and decide within four (4) weeks from the date of receipt of the objections." 5. This Court had thus clearly observed that the Demand Notice dated 04.02.2022 should be treated as a show cause notice granting liberty to the petitioner to submit objections and directing the authorities to consider and dispose of the same within stipulated period. - 5 - HC-KAR NC: 2025:KHC:44272 WP No. 26002 of 2025 6. The contention of the petitioner is that, despite submission of objections, the second respondent has not passed any order in compliance with the said directions. 7. Learned High Court Government Pleader for the respondent-State has filed a memo placing on record that an order has in fact been passed on 31.05.2025 considering the petitioner’s objections. 8. The said memo is taken on record. 9. Learned counsel for the petitioner submits that the petitioner has not been served with a copy of the said order dated 31.05.2025, which is now produced by the respondent. 10. The respondent-State is therefore directed to furnish a copy of the said order to the petitioner. 11. Without expressing any opinion on the merits or the demerits of the order so passed, liberty is reserved to - 6 - HC-KAR NC: 2025:KHC:44272 WP No. 26002 of 2025 the petitioner to challenge the same, if so advised, in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 12